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Section 55 (1) of the Family Law Act states that a domestic contract is unenforceable unless it is made in writing, signed by the parties and witnessed. However, a recent Ontario Court of Appeal decision, namely Gallacher v. Friesen seems to suggest a less stringent reading of the section. Thank you for joining me today for yet another interesting topic in the sphere of Family Law. My name is Anna Troitschanski and I am an associate with Feldstein Family Law Group. It is a known fact for every family law lawyer that a marriage contract or separation agreement must be signed in the presence of a witness. In the aforementioned case, the parties entered into a marriage contract where both individuals received independent legal advice but one party signed the Agreement in the absence of a witness. The issue in this matter was whether the contract was enforceable in light of the fact that Section 55 (1) requires a domestic contract to be witnessed. The Court of Appeal seems to indicate that
