The application judge concluded that an agreement signed by the parties before their marriage was not an enforceable domestic agreement as defined in the Family Law Act, R.S.O. 1990, c. F.3

The appellant contends that the application judge erred in declining to enforce the agreement. We disagree.

The application judge found that the agreement was unclear. Among other things, it did not state what property it applied to or address equalization. Beyond this, the application judge found that the respondent did not understand the nature of and consequences of the agreement.

These were findings open to the application judge to make on the record, particularly given his assessment of the parties’ respective credibility (deference given).

The appeal is dismissed, with all-inclusive costs of $12,000 to the respondent.