Difference between revisions of "Marriage (3:III)"
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Section 93(5) of the ''FLA'' states that the courts can also set aside an agreement if they find the agreement significantly unfair after considering these factors: | Section 93(5) of the ''FLA'' states that the courts can also set aside an agreement if they find the agreement significantly unfair after considering these factors: | ||
* | *a) The length of time that has passed since the agreement was made; | ||
* | *b) The intention of the spouses, in making the agreement, to achieve certainty; and/or | ||
* | *c) The degree to which the spouses relied on the terms of the agreement. | ||
The ''FLA'' is drafted to make it harder for courts to set aside agreements on the basis of unfairness. The Court will only set aside an agreement made between spouses respecting the division of property and debt, if the division agreed to would be "substantially different" from the division that the Court would order and "significantly unfair" to one of the spouses (See [http://canlii.ca/t/g6t11 ''Thomson v Young'', [2014<nowiki>]</nowiki> CarswellBC 1287 (BCSC)]). | The ''FLA'' is drafted to make it harder for courts to set aside agreements on the basis of unfairness. The Court will only set aside an agreement made between spouses respecting the division of property and debt, if the division agreed to would be "substantially different" from the division that the Court would order and "significantly unfair" to one of the spouses (See [http://canlii.ca/t/g6t11 ''Thomson v Young'', [2014<nowiki>]</nowiki> CarswellBC 1287 (BCSC)]). | ||