At the beginning of this year, after almost ten years of this dilemma, practitioners obtained some clarity of the first case to study the 7-day rule. In the IrMO Cadwell-Faso, the court was asked to ascertain whether the 7-day rule applies when both parties are represented from the outset of the agreement negotiations by lawyers. It is not surprising that the Court of Appeal notes that section 1615, paragraph 2, is not clear whether it is limited to unrepresented parties or whether it applies to parties represented from the outset by independent legal counsel. How long does it take to make a “voluntary” pre-wedding contract? By “voluntarily” we believe that it will be how long before the parties have taken into account the importance of the agreement, had the opportunity to obtain legal representation and conducted careful and mature reflection to enter into the agreement? The court struck down the agreement because the parties did not comply with the 7-day rule. The Court of Appeal was set aside. It examined the legislative history of the amended FC1615 and found that Parliament was concerned about the circumstances of the obligations when a party is not represented by counsel. He wanted the parties to have at least 7 days to have that period to find and consult with independent legal counsel or, at the very least, to review the agreement for that period. The Court of Appeal found that the 7-day rule does not apply if both parties were represented from the outset by counsel. The fact is that Faso`s lawyer first designed the agreement in December 2005 and sent it to Caldwell-Faso and advised him to obtain independent legal assistance. Caldwell-Faso hired a lawyer and between March and May 2006, Caldwell-Faso proposed to the husband through his lawyer 4 different revised agreements, all of which were rejected. On May 17, 2006, Caldwell-Faso Faso sent a suicide note along with 4 unsigned projects in which she stated that she would not marry Faso because of a lack of agreement. On May 18, 2006, Counsel for Caldwell-Faso prepared a revised 5th agreement.
Caldwell-Faso sent him to Faso on May 19, 2006 and Faso forwarded it to his lawyer on May 22, 2006. The parties and their lawyers met on May 25, 2006 in Faso`s lawyer`s office. At that meeting, Faso`s lawyer added the word “reasonable” before “real health needs” that Faso was prepared to pay during his lifetime from Caldwell-Fasos. Despite the fact that Caldwell-Faso had the revised 5th agreement only six days and it took a substantial change on the day of signing, the parties signed the agreement and married two days later.