SUCCESS AND FAILURE - THE ADVOCATE’S ROAD MAP TO DOMESTIC CONTRACTS IN SLRA APPLICATIONS

Aug 23, 2026

A legal analysis of how courts evaluate the enforceability of domestic contracts when applying Ontario’s Succession Law Reform Act (SLRA). It explains the role of domestic contracts under the Family Law Act, then focuses on SLRA contexts such as intestate succession and dependant’s support claims. The paper outlines key challenge grounds, including failure to meet common contractual principles, absence of Miglin contextual requirements, non-compliance with FLA section 56(4), and lack of adequate support. It also clarifies the support entitlement review approach after a contracting party’s death.

LanguageEnglish

CategoryResearch & Report

FormatPDF

Pages13

Reading Time33 min

AccessFree to download

Introduction

The Legal Framework

What Is a Domestic Contract?

What Is an SLRA Application?

Intestate Succession (Part II of the SLRA)

SUCCESS AND FAILURE: THE ADVOCATE’S ROAD MAP TO DOMESTIC CONTRACTS IN SLRA APPLICATIONS B’Nai Brith Canada Wednesday, May 30, 2018 Shaarei Shomayim Synagogue Presented by Caroline Abela WeirFoulds LLP[cabela@weirfoulds.com](cabela@weirfoulds.com) -2- SUCCESS AND FAILURE: THE ADVOCATE’S ROAD MAP TO DOMESTIC CONTRACTS IN SLRA APPLICATIONS Authored by Caroline Abela 1 - Accident counts for much in companionship as in marriage. - The Education of Henry Adams [1907] ch. 4 INTRODUCTION When couples enter into or terminate a relationship, they can enter into contracts in which they agree on their respective rights and obligations within their relationship and on the termination of their relationship. This means that they can contract out of support provisions and property claims, including those under the Family Law Act (“FLA”)2 and the Succession Law Reform Act (“SLRA”) .3 However, an attempt to contract out of statutory provisions and obligations does not necessarily result in success. A court may not enforce such provisions in a domestic contract. This paper focusses on the enforceability of domestic contracts in the context of SLRA applications. It examines the legal and practical principles that a court reviews when determining whether a person is entitled to support after the death of a contracting party to a domestic agreement.4 In particular, the various grounds available to challenge a domestic contract in SLRA applications include: 1) the contract does not abide by common contractual principles; 2) the contextual Miglin5 requirements were or are absent; 3) the contract does not comply with section 56(4) of the FLA ; and 4) adequate support was not made. While I have separated these grounds into four headings, they overlap extensively. Before delving into the substantive topic, below I have set out the legal framework for the discussion. (A) THE LEGAL FRAMEWORK (I) WHAT IS A DOMESTIC CONTRACT? Domestic contracts are governed by the Ontario Family Law Act. Domestic contracts include marriage contracts, cohabitation agreements, and separation agreements. Part IV of the 1 Caroline Abela is a partner at WeirFoulds LLP. She thanks Samantha Eisen, student-at-law, for her research and contributions to this paper. 2 Family Law Act, RSO 1990, c F3 [“FLA”] . 3 Succession Law Reform Act, RSO 1990 c S26 [“SLRA”] . 4 This paper does not canvas domestic contracts in the context of family law claims. 5 Miglin v Miglin, 2003 SCC 24 [“Miglin”] . -3- FLA also regulates paternity agreements and arbitration agreements but for the purposes of this paper it is not necessary to detail these types of agreements. i. Marriage Contract A marriage contract is an agreement between two persons who are married to each other or intend to marry each other in which they set out their respective rights and obligations during the marriage, on separation or on death. The marriage contract may include provisions with respect to the property of the parties, acquired prior to the marriage and during the marriage, support obligations, the right to direct the education and moral training of their children and anyother matters in the settlement of their affairs.6 ii. Cohabitation Agreement A cohabitation agreement is an agreement between two persons who are either cohabiting or intend to cohabit and governs their respective rights and obligations during the cohabitation or when the cohabitation finishes, either by way of separation or death. Parties who enter into a cohabitation agreement are not married. As in marriage contracts, a cohabitation agreement may include provisions with respect to the property of the parties, support obligations, the right to direct the education and moral training of their children and any other matters in the settlement of their affairs. If the parties subsequently marry, the cohabitation agreement is deemed to be a marriage contract.7 iii. Separation Agreement Two persons w

FAQs

What is the core focus regarding domestic contracts in SLRA applications?

The paper focuses on whether domestic contracts are enforceable in the SLRA context and how courts assess entitlement to support after a contracting party’s death.

What two SLRA circumstances are discussed when considering domestic contracts?

The paper distinguishes intestate succession under Part II and dependant’s support applications under Part V.

What are the main grounds to challenge a domestic contract in SLRA applications?

The document lists four grounds: violation of common contractual principles, absence of the Miglin contextual requirements, non-compliance with FLA section 56(4), and failure to make adequate support arrangements.

Aug 23, 2026

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