Changing Family Law Agreements - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-21T17:32:14Z

Clicklaw directory link edit

← Older revision		Revision as of 17:32, 21 August 2024
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	\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]		\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]
	}}		}}
	{{~~Clicklawbadge~~		{{LSSbadge
	\| resourcetype = ~~a links to <br/> more resources~~ on ~~<br/>~~		\| resourcetype = information on
	\| link = [~~http~~:s//~~www~~.~~clicklaw~~.bc.ca/~~global~~/~~search?k=separation%20agreements separation~~ agreements]		\|link = [https://family.legalaid.bc.ca/bc-legal-system/legal-forms-documents/agreements Separation Agreements]
	}}After a family law agreement has been signed, one of three things can happen:		}}
			After a family law agreement has been signed, one of three things can happen:

	#the people who signed the agreement, the ''parties'' to the agreement, follow the agreement and everything continues as it should,		#the people who signed the agreement, the ''parties'' to the agreement, follow the agreement and everything continues as it should,
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	*[https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal support advisory guidelines]		*[https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal support advisory guidelines]
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4645 Court~~ orders~~] from Legal Aid BC~~		*[https://family.legalaid.bc.ca/bc-legal-system/court-orders/change-order-or-set-aside-agreement-made-bc Change an Order or Set Aside an Agreement Made in BC] from Legal Aid BC
	** see section on "Change an order or set aside an agreement made in BC"		*[https://www2.gov.bc.ca/gov/content/life-events/divorce/family-justice/family-law/parenting-apart Parenting Apart] from the website of the BC Ministry of Attorney General
	*[https://www.mediatebc.com/ Mediate BC~~] website~~		*[https://justice.gc.ca/eng/fl-df/fact-fiches.html Parenting Arrangements After Separation or Divorce] from the website of the Department of Justice
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~2816~~ Parenting ~~apart~~] from the BC Ministry of Attorney General		*[https://www.youtube.com/watch?v=p89vyvgWQ9s "An Inside Look at Family Mediation"] video from Legal Aid BC and CLEBC
	*[https://~~www.clicklaw~~.bc.ca/~~resource~~/~~4342~~ Parenting Arrangements] from the ~~Canada~~ Department of Justice		*[https://www2.gov.bc.ca/gov/content/justice/about-bcs-justice-system/mediation/about-mediation Guide to Mediation in BC] from the BC Ministry of Attorney General
	*[https://www.~~clicklaw~~.~~bc.ca~~/~~resource/4150~~ Family Mediation] from ~~the Justice Education Society of~~ BC		*[https://www.clicklaw.bc.ca/resources/dial-law-mediation-collaborative-negotiation-and-arbitration Mediation, Collaborative Negotiation, and Arbitration] from Dial-a-Law by the People's Law School
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1189~~ Guide to Mediation in BC] from the BC Ministry of Attorney General		*[https://parenting-after-separation.jibc.ca/ Parenting After Separation] course from the BC Ministry of Attorney General's Family Justice Services Division
	*[https://www.clicklaw.bc.ca/~~resource~~/~~1253~~ Mediation, ~~collaborative negotiation~~, and ~~arbitration~~] from Dial-a-Law by the People's Law School		* [https://dialalaw.peopleslawschool.ca/resolving-disputes-without-going-to-court/ Resolving Disputes Without Going to Court] from Dial-a-Law by the People's Law School
	*[https://~~www.clicklaw~~.bc.ca/~~resource/4884~~ Parenting After Separation ~~Course~~] from the BC Ministry of Attorney General
	*[https://~~www~~.~~clicklaw.bc~~.ca/~~resource~~/~~4616~~ Resolving Disputes Without Going to Court] from Dial-a-Law by the People's Law School


	===Resources===		===Resources===

	*[https://~~www~~.~~clicklaw.bc.ca~~/~~resource~~/~~2751 "~~Separation Agreements: Your Rights and Options"] from Legal Aid BC and West Coast LEAF		*[https://westcoastleaf.org/work/separation-agreements/ Separation Agreements: Your Rights and Options] from Legal Aid BC and West Coast LEAF
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4921 "All About Mediation" infographic poster] from Legal Aid BC~~		*[https://family.legalaid.bc.ca/resources/living-together-or-living-apart ''Living Together or Living Apart''] from Legal Aid BC
	*[https://www.clicklaw.bc.ca/resource/1058 "Living Together or Living Apart~~: Common-Law Relationships, Marriage, Separation, and Divorce"~~] from Legal Aid BC		*[https://mediatebc.com/our-services/public-education/ask-a-mediator/ Ask a Mediator] from Mediate BC, offers free online appointments with trained mediators
	*[https://~~www~~.~~clicklaw.bc.ca~~/~~resource~~/~~4082 "FAQ of Mediation" video~~] from Mediate BC		*[https://www.youtube.com/watch?v=p89vyvgWQ9s "An Inside Look at Family Mediation"] video from Legal Aid BC and CLEBC
	*[https://www.~~clicklaw.bc~~.ca/~~resource/4658~~ "An Inside Look at Family Mediation" video] from Legal Aid BC		*[https://perma.cc/WFB7-2F4R “A Case for Mediation: The Cost-Effectiveness of Civil, Family, and Workplace Mediation” (PDF)] from Mediate BC Society
	*[https://~~www~~.~~clicklaw.bc.ca~~/~~resource/2979 "A~~ Case for Mediation: The Cost-Effectiveness of Civil, Family, and Workplace ~~Mediation"~~] from Mediate BC		*[https://perma.cc/M6NT-JAHC "How Can We Resolve Our Family Law Issues?" (PDF)] from Legal Aid BC
	*[https://~~www.clicklaw.bc~~.ca/~~resource/4922~~ "How Can we Resolve Our Family Law ~~Issue~~?"] from Legal Aid BC
	*[https://www.clicklaw.bc.ca/resource/1497 "Alternatives to Going to Court"] from the Justice Education Society of BC

Nate Russell: From staging 2024

2024-01-12T21:20:15Z

From staging 2024

← Older revision		Revision as of 21:20, 12 January 2024
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	{{JP Boyd on Family Law TOC\|expanded = agreements}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = agreements}}{{JPBOFL Editor Badge
			\|CoAuthor = [[Beatrice McCutcheon]]
	\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]		\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]
	}}		}}
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	<blockquote><blockquote><tt>(c) the degree to which the spouses relied on the terms of the agreement.</tt></blockquote></blockquote>		<blockquote><blockquote><tt>(c) the degree to which the spouses relied on the terms of the agreement.</tt></blockquote></blockquote>

	In ~~a helpful~~ case from the Supreme Court ~~of British Columbia~~, [~~http~~://canlii.ca/t/fxsd1 ''L.G. v. R.G.''], 2013 BCSC 983, the Court said that the term "significant unfairness" is intended to create greater certainty by limiting when the Court will intervene in situations that are "unjust or unreasonable." In ~~a 2014 case,~~ [http://canlii.ca/t/g8mqv ''Remmem v. Remmem''], 2014 BCSC 1552, the Supreme Court ~~of British Columbia~~ said that in order for there to be "significant unfairness," the unfairness must be "compelling" or "meaningful" with regard to the factors set out in section 93.		In an often referred to case from the BC Supreme Court, [https://canlii.ca/t/fxsd1 ''L.G. v. R.G.''], 2013 BCSC 983, the Court said that the term "significant unfairness" is intended to create greater certainty by limiting when the Court will intervene in situations that are "unjust or unreasonable." In [http://canlii.ca/t/g8mqv ''Remmem v. Remmem''], 2014 BCSC 1552, the BC Supreme Court said that in order for there to be "significant unfairness," the unfairness must be "compelling" or "meaningful" with regard to the factors set out in section 93.

			These three factors — passage of time, intention to achieve certainty through the agreement, and degree of reliance on the terms of the agreement — could themselves show that an agreement is ''significantly unfair'', but the court can also consider these factors in deciding whether or not a significantly unfair agreement should be set aside or left in place. More recently, the BC Court of Appeal in ''[https://canlii.ca/t/jd2rs Azanchi v. Mobrhan-Shafiee]'', 2021 BCCA 55, said "a court may determine that, despite significant unfairness, an agreement should not be set aside if, for example, the parties have relied heavily on its terms in making their lifestyle choices, or have deliberately risked having to live with an unfair agreement because they placed a high value on certainty."

	If you are asking the court to set aside the parts of an agreement about dividing property or dividing debt, you can make your argument under section 93(3), section 93(5), or both.		If you are asking the court to set aside the parts of an agreement about dividing property or dividing debt, you can make your argument under section 93(3), section 93(5), or both.
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	===Cancelling agreements about property under the ''Family Relations Act''===		===Cancelling agreements about property under the ''Family Relations Act''===

	Agreements between ''married spouses'' about property that were made before March ~~18,~~ 2013, the date when the ''[[Family Law Act]]'' came into force, have to be changed under the ''[http://canlii.ca/t/840n Family Relations Act]''. The ''Family Relations Act'' was the law in British Columbia before the ''Family Law Act''. Section 252(2)(a) of the ''Family Law Act'' says that court proceedings to enforce, set aside, or replace an agreement about property division that was signed before the ''Family Law Act'' came into force must be started under the ''Family Relations Act''.		Agreements between ''married spouses'' about property that were made before 18 March 2013, the date when the ''[[Family Law Act]]'' came into force, have to be changed under the ''[http://canlii.ca/t/840n Family Relations Act]''. The ''Family Relations Act'' was the law in British Columbia before the ''Family Law Act''. Section 252(2)(a) of the ''Family Law Act'' says that court proceedings to enforce, set aside, or replace an agreement about property division that was signed before the ''Family Law Act'' came into force must be started under the ''Family Relations Act''.

	If the ''Family Relations Act'' applies to an agreement about property, section 65 of that act says that an agreement that is in writing and witnessed by a third party can be set aside if it would be unfair considering six factors:		If the ''Family Relations Act'' applies to an agreement about property, section 65 of that act says that an agreement that is in writing and witnessed by a third party can be set aside if it would be unfair considering six factors:
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	Section 68 of the ''Family Relations Act'' talks about the variation of agreements that are not in writing or were not witnessed.		Section 68 of the ''Family Relations Act'' talks about the variation of agreements that are not in writing or were not witnessed.

	However, it's the ''Family Law Act'' that applies to agreements about property between ''unmarried spouses made'' that were signed before March ~~18,~~ 2013. The Supreme Court of British Columbia has decided, in [http://canlii.ca/t/j0s71 ''B.L.S. v. D.J.S''], 2019 BCSC 846, that the new law applies to these agreements even though they were signed before the ''Family Law Act'' was law.		However, it's the ''Family Law Act'' that applies to agreements about property between ''unmarried spouses made'' that were signed before 18 March 2013. The Supreme Court of British Columbia has decided, in [http://canlii.ca/t/j0s71 ''B.L.S. v. D.J.S''], 2019 BCSC 846, that the new law applies to these agreements even though they were signed before the ''Family Law Act'' was law.

	Given the additional issues involved in changing agreements made before March ~~18,~~ 2013, it's really important that you get advice from a family law lawyer before you do anything.		Given the additional issues involved in changing agreements made before 18 March 2013, it's really important that you get advice from a family law lawyer before you do anything.

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	{{REVIEWED \| reviewer = [[~~JP Boyd~~]], ~~March 21, 2021~~}}		{{REVIEWED \| reviewer = [[Beatrice McCutcheon]], 22 November 2023}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Nate Russell: Removing MyLawBC resource

2023-03-30T22:03:47Z

Removing MyLawBC resource

← Older revision		Revision as of 22:03, 30 March 2023
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	*[https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal support advisory guidelines]		*[https://www.justice.gc.ca/eng/fl-df/spousal-epoux/ssag-ldfpae.html Spousal support advisory guidelines]
	*[https://www.clicklaw.bc.ca/resource/4682 MyLawBC Family Resolution Centre] website from Legal Aid BC
	*[https://www.clicklaw.bc.ca/resource/4645 Court orders] from Legal Aid BC		*[https://www.clicklaw.bc.ca/resource/4645 Court orders] from Legal Aid BC
	** see section on "Change an order or set aside an agreement made in BC"		** see section on "Change an order or set aside an agreement made in BC"

Nate Russell: From staging June 2022

2022-06-27T15:52:45Z

From staging June 2022

Show changes

Jpboyd: /* Links */

2021-03-06T20:31:45Z

Links

← Older revision		Revision as of 20:31, 6 March 2021
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	{{REVIEWED \| reviewer = [[~~Beatrice McCutcheon~~]], ~~June 9~~, ~~2019~~}}		{{REVIEWED \| reviewer = [[JP Boyd]], March 6, 2021}}

	{{JP Boyd on Family Law Navbox\|type=chapters}}		{{JP Boyd on Family Law Navbox\|type=chapters}}

Jpboyd: /* Setting aside agreements about property and debt under the Family Relations Act */

2021-03-06T20:31:24Z

Setting aside agreements about property and debt under the Family Relations Act

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	Given the additional issues involved in changing agreements made before March 18, 2013, getting advice from a lawyer is highly recommended in these situations.		Given the additional issues involved in changing agreements made before March 18, 2013, getting advice from a lawyer is highly recommended in these situations.

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Jpboyd: /* Setting aside agreements under the Family Law Act */

2021-03-06T20:30:53Z

Setting aside agreements under the Family Law Act

← Older revision		Revision as of 20:30, 6 March 2021
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	The legal test that the court must apply to set aside part of an agreement changes, depending on the subject of the part of the agreement in question.		The legal test that the court must apply to set aside part of an agreement changes, depending on the subject of the part of the agreement in question.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'', the court is required to include the parts of agreements about parenting after separation, called ''parenting plans'', into orders about children. However, if the court decides that any part of a parenting plan is not in the best interests of a child, it can change the terms of the parenting plan in its order.

	====Guardianship====		====Guardianship====

Jpboyd at 20:28, 6 March 2021

2021-03-06T20:28:14Z

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	You can find out how family law agreements are enforced in the [[Enforcing Family Law Agreements]] section of this chapter.		You can find out how family law agreements are enforced in the [[Enforcing Family Law Agreements]] section of this chapter.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Look for explanations under this heading to read about recent changes to family law affecting the information provided in this section.

	==Changing agreements by agreement==		==Changing agreements by agreement==
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	Any family law agreement can be changed at any time, as long as the parties to the agreement agree to the change. If the parties can't agree on the change or on the terms of the change, the party who wants the change may have to go to court if the problem is important enough. Since the court doesn't have the power to vary an agreement, the best the court can do is to cancel the part of the agreement that has to change and then make an order in place of the part that was cancelled.		Any family law agreement can be changed at any time, as long as the parties to the agreement agree to the change. If the parties can't agree on the change or on the terms of the change, the party who wants the change may have to go to court if the problem is important enough. Since the court doesn't have the power to vary an agreement, the best the court can do is to cancel the part of the agreement that has to change and then make an order in place of the part that was cancelled.

			<span style="color:#D2691E">'''Important changes'''</span> <br />
			Under the changes to the ''Divorce Act'' that took effect on 1 March 2021, "custody" is now known as ''decision-making responsibility'' and "access" is now known as ''parenting time'', for people who are or used to be married to each other, or as ''contact'' for other people. Decision-making responsibility under the ''Divorce Act'' means the same thing as parental responsibilities under the ''Family Law Act''.

			Older agreements that use the terms custody and access are still good and don't need to be updated to the new language. If you have an older agreement that says you have custody, you now have decision-making responsibility for your children. If you are or were married to your ex and have an agreement that says you have access, you now have parenting time.

	===Amending an agreement===		===Amending an agreement===

Nate Russell: /* Resources and links */

2019-07-02T21:00:07Z

Resources and links

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	* ''[[Family Law Act]]''		* ''[[Family Law Act]]''
	* ''[[Divorce Act]]''		* ''[[Divorce Act]]''
			* ''[http://canlii.ca/t/840n Family Relations Act]'' (Repealed)
	* [[Child Support Guidelines]]		* [[Child Support Guidelines]]

Nate Russell: /* Setting aside agreements about property and debt under the Family Relations Act */

2019-07-02T20:59:26Z

Setting aside agreements about property and debt under the Family Relations Act

← Older revision		Revision as of 20:59, 2 July 2019
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	===Setting aside agreements about property and debt under the ''Family Relations Act''===		===Setting aside agreements about property and debt under the ''Family Relations Act''===

	Agreements between married spouses about property and debt that were made before March 18, 2013, which is when the ''Family Law Act'' came into force, have to be changed under the ''[http://~~www.bclaws~~.ca/~~civix/document/id/consol21/consol21~~/~~00_96128_01~~ Family Relations Act]'', which was the law in effect before the ''Family Law Act''. Section 252(2)(a) of the ''Family Law Act'' says that proceedings to enforce, set aside, or replace an agreement about property division that was made before the ''Family Law Act'' came into force must be started under the ''Family Relations Act''.		Agreements between married spouses about property and debt that were made before March 18, 2013, which is when the ''Family Law Act'' came into force, have to be changed under the ''[http://canlii.ca/t/840n Family Relations Act]'', which was the law in effect before the ''Family Law Act''. Section 252(2)(a) of the ''Family Law Act'' says that proceedings to enforce, set aside, or replace an agreement about property division that was made before the ''Family Law Act'' came into force must be started under the ''Family Relations Act''.

	If the ''Family Relations Act'' applies, then section 65 of that act says that an agreement that is in writing and witnessed by a third party or parties can be varied if it would be unfair with regard to the factors set out in that section. Section 68 of the ''Family Relations Act'' provides for the variation of agreements that are not in writing or were not witnessed.		If the ''Family Relations Act'' applies, then section 65 of that act says that an agreement that is in writing and witnessed by a third party or parties can be varied if it would be unfair with regard to the factors set out in that section. Section 68 of the ''Family Relations Act'' provides for the variation of agreements that are not in writing or were not witnessed.