Acts and Regulations

2012, c.107 - Marital Property Act

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Capacity to contract
38(1)A minor who has capacity to contract marriage has capacity to enter into a marriage contract or a separation agreement that is approved by the Court, whether the approval is given before or after the contract is entered into.
38(2)Subject to the approval of the Court, the following persons may enter into a domestic contract or give any waiver or consent under this Act on behalf of a person who does not have the capacity to do so:
(a) the person’s representative appointed under the Supported Decision-Making and Representation Act; or
(b) the Public Trustee appointed under the Public Trustee Act, if the representative is the spouse of the person or if the person does not have a representative.
1980, c.M-1.1, ss.37(2), (3); 2005, c.P-26.5, s.27; 2020, c.24, s.12; 2022, c.60, s.75
Capacity to contract
38(1)A minor who has capacity to contract marriage has capacity to enter into a marriage contract or a separation agreement that is approved by the Court, whether the approval is given before or after the contract is entered into.
38(2)The committee of a person who is mentally incompetent or, if the committee is the spouse of that person or if there is no committee, the Public Trustee appointed under the Public Trustee Act, may, subject to the approval of the Court, enter into a domestic contract or give any waiver or consent under this Act on behalf of the mentally incompetent person.
1980, c.M-1.1, ss.37(2), (3); 2005, c.P-26.5, s.27; 2020, c.24, s.12
Capacity to contract
38(1)A minor who has capacity to contract marriage has capacity to enter into a marriage contract or a separation agreement that is approved by the Court, whether the approval is given before or after the contract is entered into.
38(2)The committee of a person who is mentally incompetent or, if the committee is the spouse of that person or if there is no committee, the Public Trustee appointed under the Public Trustee Act, may, subject to the approval of the Court, enter into a domestic contract or give any waiver or consent under this Act on behalf of the mentally incompetent person.
1980, c.M-1.1, ss.37(2), (3); 2005, c.P-26.5, s.27
Capacity to contract
38(1)A minor who has capacity to contract marriage has capacity to enter into a marriage contract or a separation agreement that is approved by the Court, whether the approval is given before or after the contract is entered into.
38(2)The committee of a person who is mentally incompetent or, if the committee is the spouse of that person or if there is no committee, the Public Trustee appointed under the Public Trustee Act, may, subject to the approval of the Court, enter into a domestic contract or give any waiver or consent under this Act on behalf of the mentally incompetent person.
1980, c.M-1.1, ss.37(2), (3); 2005, c.P-26.5, s.27