Carberry v. Stringer, (2008) 273 Nfld. & P.E.I.R. 142 (NLFC)

JudgeHandrigan, J.
CourtSupreme Court of Newfoundland and Labrador (Canada)
Case DateJanuary 07, 2008
JurisdictionNewfoundland and Labrador
Citations(2008), 273 Nfld. & P.E.I.R. 142 (NLFC)

Carberry v. Stringer (2008), 273 Nfld. & P.E.I.R. 142 (NLFC);

    833 A.P.R. 142

MLB headnote and full text

Temp. Cite: [2008] Nfld. & P.E.I.R. TBEd. JA.013

Wilma Carberry (formerly Stringer) (applicant) v. Wade Stringer (respondent)

(2006 02U 0884; 2008 NLUFC 1)

Indexed As: Carberry v. Stringer

Newfoundland and Labrador Supreme Court

Unified Family Court

Handrigan, J.

January 7, 2008.

Summary:

Spouses separated in 2006 after 26 years' marriage, having executed a one page separation agreement that divided their marital assets and obligated the husband to pay $150 spousal support bi-weekly until he retired. The wife applied to set aside the separation agreement on the grounds of (1) inadequate financial disclosure; (2) undue influence; and (3) her lack of understanding of the consequences of the agreement. If the agreement were valid, the wife sought to have the spousal support provision of the agreement set aside.

The Newfoundland and Labrador Supreme Court, Unified Family Court, dismissed the application. Disclosure, while not complete, was sufficient to achieve a fair and just result. The wife failed to establish that she did not understand the consequences of the agreement or that her husband unduly influenced her to sign it. The agreement was not unconscionable. The wife was not taken advantage of. The court held that there was no basis to set aside the support provision.

Family Law - Topic 3382

Separation agreements, domestic contracts and marriage contracts - Grounds for setting aside - Material nondisclosure - Spouses separated in 2006 after 26 years' marriage - A one page separation agreement divided their marital assets in the wife's favour and obligated the husband to pay $150 spousal support bi-weekly until he retired, which was expected within a few years - Neither spouse wanted legal advice, choosing to treat it as a "family matter" - The wife would be entitled to 50% of the husband's pension and the matter was renegotiable when he retired - The wife applied to set aside the agreement on the grounds of (1) inadequate financial disclosure; (2) undue influence; and (3) her lack of understanding of the consequences of the agreement - The Newfoundland and Labrador Supreme Court, Unified Family Court, dismissed the application - Disclosure was not complete, but it did not affect the achievement of a just and fair result - The wife failed to establish that she did not or could not understand the consequences of the agreement - There was no undue influence - The husband did not take advantage of the wife and the agreement was not unconscionable - There was no basis to set aside the support provision in the valid agreement.

Family Law - Topic 3384

Separation agreements, domestic contracts and marriage contracts - Grounds for setting aside - Inequitable result or unfairness - [See Family Law - Topic 3382 ].

Family Law - Topic 3386

Separation agreements, domestic contracts and marriage contracts - Grounds for setting aside - Unconscionable bargain - [See Family Law - Topic 3382 ].

Family Law - Topic 3388

Separation agreements, domestic contracts and marriage contracts - Grounds for setting aside - Duress or undue influence - [See Family Law - Topic 3382 ].

Cases Noticed:

Freake v. Freake (2004), 238 Nfld. & P.E.I.R. 203; 706 A.P.R. 203 (N.L.C.A.), refd to. [para. 11, footnote 2].

Hartshorne v. Hartshorne (2004), 318 N.R. 1; 194 B.C.A.C. 161; 317 W.A.C. 161; 236 D.L.R.(4th) 193 (S.C.C.), refd to. [para. 13, footnote 3].

Counsel:

Katrina A. Brannan, for Wilma Carberry;

Mark Gruchy, for Wade Stringer.

This application was heard at Clarenville, Nfld. and Lab., before Handrigan, J., of the Newfoundland and Labrador Supreme Court, Unified Family Court, who delivered the following judgment on January 7, 2008.

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT