Family Law Agreements - Revision history

Nate Russell: Clicklaw directory link edit

2024-08-19T22:29:06Z

Clicklaw directory link edit

← Older revision		Revision as of 22:29, 19 August 2024
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	\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]		\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]
	}}		}}
	{{~~Clicklawbadge~~		{{LSSbadge
	\| resourcetype = ~~more resources dealing with~~		\| resourcetype = information on
	\|link = [https://~~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]
	}}		}}
	Family law agreements, like cohabitation agreements, marriage agreements and separation agreements, are contracts, just like the contract you might have with an employer, a landlord or a company you rent a car from: each party promises to do something in exchange for something the other party promises to do, and both parties expect that they'll be held responsible for fulfilling their promises. In family law, contracts like these are used to resolve the issues that come up when a relationship ends, although cohabitation agreements and marriage agreements are sometimes also used to decide how a relationship will be managed.		Family law agreements, like cohabitation agreements, marriage agreements and separation agreements, are contracts, just like the contract you might have with an employer, a landlord or a company you rent a car from: each party promises to do something in exchange for something the other party promises to do, and both parties expect that they'll be held responsible for fulfilling their promises. In family law, contracts like these are used to resolve the issues that come up when a relationship ends, although cohabitation agreements and marriage agreements are sometimes also used to decide how a relationship will be managed.
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	===Links===		===Links===

	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4645~~ Court Orders] from Legal Aid BC		*[https://family.legalaid.bc.ca/bc-legal-system/court-orders Court Orders] from Legal Aid BC
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4659 Thinking about leaving?~~] from Legal Aid BC		*[https://family.legalaid.bc.ca/separation-divorce/going-through-separation Going Through Separation] from Legal Aid BC
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~2816~~ Parenting Apart] from the BC Ministry of ~~the~~ Attorney General		*[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.clicklaw~~.bc.ca/~~resource~~/~~4342~~ Parenting Arrangements After Separation or Divorce] from the ~~Canada~~ Department of Justice		*[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~~/~~4653~~ Legal forms and documents] from Legal Aid BC		*[https://family.legalaid.bc.ca/bc-legal-system/legal-forms-documents Legal forms and documents] from Legal Aid BC
	*[https://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4652~~ I've been served with a court form] from Legal Aid BC		*[https://family.legalaid.bc.ca/bc-legal-system/ive-been-served I've been served with a court form] from Legal Aid BC

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

	*[https://~~www~~.~~clicklaw.bc~~.ca/~~resource~~/~~1259~~ Marriage Agreements and Cohabitation Agreements] from Dial-a-Law by the People's Law School		*[https://dialalaw.peopleslawschool.ca/marriage-agreements/ Marriage Agreements and Cohabitation Agreements] from Dial-a-Law by the People's Law School
	* [~~http~~://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~4653 "Legal~~ forms & documents"] from Legal Aid BC		*[https://family.legalaid.bc.ca/bc-legal-system/legal-forms-documents/agreements Agreements] from Legal Aid BC, see "Making an agreement after you separate", and "Who can help you reach an agreement?"
	** Under the section "Agreements" see "Making an agreement after you separate", and "Who can help you reach an agreement?"		* [https://family.legalaid.bc.ca/resources/living-together-or-living-apart Living Together or Living Apart]
	*[~~http~~://~~www~~.~~clicklaw~~.bc.ca/~~resource~~/~~1058 "~~Living Together or Living Apart"] ~~from Legal Aid BC~~
	** See chapter 2 on making agreements		** See chapter 2 on making agreements
	*[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~~/~~4126 "~~Coping with Separation~~" handbook~~] from Legal Aid BC		*[https://family.legalaid.bc.ca/resources/coping-separation-handbook Coping with Separation Handbook] from Legal Aid BC
	*[https://~~www.clicklaw~~.bc.ca/~~resource~~/~~2627~~ Family Law in BC: Quick Reference Tool] from Legal Aid BC		*[https://legalaid.bc.ca/publications/pub/family-law-bc-quick-reference-tool Family Law in BC: Quick Reference Tool] from Legal Aid BC

Nate Russell: From staging 2024

2024-01-12T20:10:31Z

From staging 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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	*set aside part of an agreement, without changing the rest of the agreement,		*set aside part of an agreement, without changing the rest of the agreement,
	*incorporate all or part of an agreement into an order, or		*incorporate all or part of a written agreement into an order, or
	*make an order replacing all or part of an agreement.		*make an order replacing all or part of an agreement.

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	For a quick summary of how to execute a family law agreement, see the ''Helpful Guides & Common Questions'' part of this resource for [[How Do I Execute a Family Law Agreement?]].		For a quick summary of how to execute a family law agreement, see the ''Helpful Guides & Common Questions'' part of this resource for [[How Do I Execute a Family Law Agreement?]].

			===Note about oral agreements===
			Oral agreements are possible, but do not offer nearly the same protection, certainty, or overall purpose as a written agreement. Oral agreements alone should be avoided and are not a practical alternative to proper written agreements.

			For one thing, proving the existence of an oral agreement — especially when the other person disputes you — is a complex and risky task, and you need evidence.

			Secondly, if there's a written agreement that deals with property, section 94(2) of the ''Family Law Act'' says that a judge cannot make a property division order without first hearing an application to set aside all or some of the written agreement. Applications to set aside written family law agreements are made under section 93, and setting aside any portion of a written agreement requires the person applying to prove one of the situations under section 93(3) applies:
			* a spouse failed to disclose significant property or debts,
			* a spouse took improper advantage of the other spouse's vulnerability,
			* one of the spouses did not understand the nature or consequences of the written agreement, or
			* the contract would be voidable under the common law rules around contracts.

			If the applicant cannot show one of those situations existed when the written agreement was entered into, then they can try to have it set aside for being ''significantly unfair'' under section 93(5), although those claims are difficult to succeed with.

			Ultimately, a valid written agreement that satisfies the criteria under section 93(1), meaning it's not only in writing but signed and witnessed, is a significant hurdle that stands in the way of an applicant who wants to get the court to issue an order respecting property division.

			Oral agreements, on the other hand, do not restrict a court from making a property division order. Oral agreements become but one factor that a court may consider under section 95 in determining that an equal division of family property is ''significantly unfair'', and can be used to argue for division of excluded property under section 96. As the court said in ''[https://canlii.ca/t/k15d5 Tereposky v. Fooks]'', 2023 BCSC 1989, "Informal agreements regarding the division of assets and the spouses' financial arrangements during the relationship ''may support a finding of significant unfairness''" (emphasis added). Given this, it is better for parties to make a written agreement than to attempt to rely on an oral agreement.

	==Negotiating considerations==		==Negotiating considerations==
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	** See chapter 2 on making agreements		** See chapter 2 on making agreements
	*[https://www.clicklaw.bc.ca/resource/2751 "Separation Agreements: Your Rights and Options"] from Legal Aid BC and West Coast LEAF		*[https://www.clicklaw.bc.ca/resource/2751 "Separation Agreements: Your Rights and Options"] from Legal Aid BC and West Coast LEAF
	*[https://www.clicklaw.bc.ca/resource/4793 Template Clauses for COVID Agreements between Co-Parents] from the National Self-Represented Litigants Project
	*[https://www.clicklaw.bc.ca/resource/4126 "Coping with Separation" handbook] from Legal Aid BC		*[https://www.clicklaw.bc.ca/resource/4126 "Coping with Separation" handbook] from Legal Aid BC
	*[https://www.clicklaw.bc.ca/resource/2627 Family Law in BC: Quick Reference Tool] from Legal Aid BC		*[https://www.clicklaw.bc.ca/resource/2627 Family Law in BC: Quick Reference Tool] from Legal Aid BC


	{{REVIEWED \| reviewer = [[~~JP Boyd~~], ~~March 15, 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

2023-03-30T21:59:06Z

Removing MyLawBC resource

← Older revision		Revision as of 21:59, 30 March 2023
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	===Links===		===Links===

	*[https://www.clicklaw.bc.ca/resource/4280 MyLawBC Guided pathways] 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
	*[https://www.clicklaw.bc.ca/resource/4659 Thinking about leaving?] from Legal Aid BC		*[https://www.clicklaw.bc.ca/resource/4659 Thinking about leaving?] from Legal Aid BC

Nate Russell: Unused template removed

2022-07-14T18:28:05Z

Unused template removed

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	~~{{JPBOFL Start Chapter~~
	\| Related = [[Cohabitation Agreements\|Cohabitation Agreements]]{{·}}[[Marriage Agreements\|Marriage Agreements]]{{·}}[[Separation Agreements\|Separation Agreements]]{{·}}[[Enforcing Family Law Agreements\|Enforcing Agreements]]{{·}}[[Changing Family Law Agreements\|Changing Agreements]]
	}}
	{{JP Boyd on Family Law TOC\|expanded = agreements}}{{JPBOFL Editor Badge		{{JP Boyd on Family Law TOC\|expanded = agreements}}{{JPBOFL Editor Badge
	\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]		\|ChapterEditors = [[Beatrice McCutcheon]] and [[Gagan Mann]]

Nate Russell: From staging June 2022

2022-06-22T20:58:12Z

From staging June 2022

Show changes

Jpboyd: /* Separation agreements */

2021-03-06T20:26:56Z

Separation agreements

← Older revision		Revision as of 20:26, 6 March 2021
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	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.		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.

	~~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.		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.

	==The elements of a family law agreement==		==The elements of a family law agreement==

Jpboyd: /* Links */

2021-03-06T20:21:53Z

Links

← Older revision		Revision as of 20:21, 6 March 2021
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	{{REVIEWED \| reviewer = [[~~Gagan Mann~~]], ~~June 3~~, ~~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: /* Separation agreements */

2021-03-06T20:21:17Z

Separation agreements

← Older revision		Revision as of 20:21, 6 March 2021
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	Separation agreements are binding from the moment they are signed by both parties, unless the agreement says something different. They operate from the time they are made and, where children, child support, or spousal support are issues, they often continue to operate indefinitely into the future. Theoretically, a separation agreement will be binding on the parties until they die. In practice, however, most people stop relying on the agreement once the children have grown up, left home, and become independent, even though their agreement continues to be legally binding on them.		Separation agreements are binding from the moment they are signed by both parties, unless the agreement says something different. They operate from the time they are made and, where children, child support, or spousal support are issues, they often continue to operate indefinitely into the future. Theoretically, a separation agreement will be binding on the parties until they die. In practice, however, most people stop relying on the agreement once the children have grown up, left home, and become independent, even though their agreement continues to be legally binding on them.

			<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.

			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.

	==The elements of a family law agreement==		==The elements of a family law agreement==

Jpboyd at 20:18, 6 March 2021

2021-03-06T20:18:42Z

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	The other sections of this chapter look at [[Cohabitation Agreements\|cohabitation agreements]], [[Marriage Agreements\|marriage agreements]], and [[Separation Agreements\|separation agreements]] in more detail, and provide additional information about [[Enforcing Family Law Agreements\|enforcing an agreement]] and [[Changing Family Law Agreements\|changing an agreement]].		The other sections of this chapter look at [[Cohabitation Agreements\|cohabitation agreements]], [[Marriage Agreements\|marriage agreements]], and [[Separation Agreements\|separation agreements]] in more detail, and provide additional information about [[Enforcing Family Law Agreements\|enforcing an agreement]] and [[Changing Family Law Agreements\|changing an agreement]].

			<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.

	==Introduction==		==Introduction==

Nate Russell at 18:45, 31 July 2019

2019-07-31T18:45:13Z

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	===Links===		===Links===

	* [http://www.clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]:		* [http://www.clicklaw.bc.ca/resource/4653 Legal Services Society's Family Law website's information page "Legal forms & documents"]
	** Under the section "Agreements" see "Making an agreement after you separate", and "Who can help you reach an agreement?"		** Under the section "Agreements" see "Making an agreement after you separate", and "Who can help you reach an agreement?"
	*[http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's ''Living Together or Living Apart''], chapter 2~~, Making Agreements~~		*[http://www.clicklaw.bc.ca/resource/1058 Legal Services Society's ''Living Together or Living Apart''], chapter 2 on making agreements
	*[http://www.clicklaw.bc.ca/resource/1259 ~~Canadian Bar Association BC Branch:~~ Script ~~on marriage agreements~~ and ~~cohabitation agreements~~]		*[http://www.clicklaw.bc.ca/resource/1259 Dial-A-Law Script "Marriage Agreements and Cohabitation Agreements"]
	*[http://www.clicklaw.bc.ca/resource/2551 West Coast LEAF: ~~Booklet on Separation agreements and right~~ to ~~fairness~~]		*[http://www.clicklaw.bc.ca/resource/2551 West Coast LEAF's booklet ''Separation Agreements: Your Right to Fairness'']