NAVIGATING THE COMPLEXITIES OF INFORMAL DOMESTIC CONTRACTS: INSIGHTS FROM EL RASSI-WIGHT V. ARNOLD

By Cheryl Goldhart
Founder and Principal of Goldhart Law and Goldhart Mediation & Arbitration

Introduction

Read our recent blog at our sister website www.goldhartlaw.com about the recent ruling by the Ontario Court of Appeal, El Rassi-Wight v. Arnold, 2024 ONCA 2. This case has shed new light on the enforceability of informal domestic contracts under the Family Law Act (Ontario) (the “FLA”).

The El Rassi-Wight v. Arnold case revolves around an unmarried couple’s dispute over property, highlighting the critical importance of formalizing domestic contracts. The Court of Appeal’s decision underscores the necessity of adhering to the FLA’s requirements, particularly the witnessing of agreements concerning property.

Key Takeaways from Our Blog

Our latest blog post here, delves into the details of the El Rassi-Wight v. Arnold decision, offering valuable insights for both legal practitioners and individuals navigating family law matters. Some pivotal points we cover are:

  • the importance of formalizing domestic contracts;
  • understanding the legal requirements for domestic contracts to be considered valid and enforceable under the FLA.
  • the Court of Appeal’s stance on what constitutes a binding domestic contract, emphasizing the role of witnessing and the clarity of terms.
  • the critical role of obtaining independent legal advice before entering into any domestic agreement.

Why This Matters:

The El Rassi-Wight v. Arnold decision is a reminder of the complexities inherent in family law and the importance of meticulous attention to legal formalities. For those involved in or considering entering into domestic contracts, this case highlights the necessity of legal guidance to ensure the enforceability of such agreements.

Visit Goldhart Mediation for the Full Analysis

We invite you to read the full blog post on Goldhart Mediation for analysis of the El Rassi-Wight v. Arnold decision and its broader implications for family law in Ontario.

Let’s continue to elevate the practice of family law in Ontario!

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Cheryl Goldhart is a family law lawyer who can make a difference in resolving your family disputes.

  • Near Four Decades of Family Law Experience: Cheryl has dedicated nearly 40 years to specializing exclusively in family law.
  • Masters Degree in Counselling: Cheryl’s Masters Degree in Counselling enriches her approach to cases with added empathy and deeper insight.
  • Certified as a Family Law Specialist by the Law Society of Ontario: The Law Society of Ontario has certified Cheryl’s expertise as a Family Law Specialist.
  • Accredited Family Mediator by OAFM: Cheryl has earned accreditation as a certified mediator from the Ontario Association for Family Mediation, highlighting her mediation expertise.
  • Arbitration Expertise Recognized by ADR Institute: The ADR Institute of Ontario has accredited Cheryl with a professional designation in arbitration, recognizing her expertise in this area.
  • Awarded and Honours for Outstanding Contributions to Family Law: Cheryl’s significant contributions to the field of family law have been honored with numerous awards and accolades, including the prestigious Award for Excellence in Family Law from the Ontario Bar Association.

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Disclaimer: The information provided in this blog post is intended for general informational purposes only and should not be considered as legal advice. Consult with a qualified family law attorney for advice regarding your specific situation. Goldhart Law Professional Corporation is not responsible for any actions taken based on the information presented in this blog.

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