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Difference between revisions of "Marriage (3:III)"
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 12, 2021}} | ||
{{LSLAP Manual TOC|expanded = family}} | {{LSLAP Manual TOC|expanded = family}} | ||
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Section 93(3) of the ''FLA'' also states that courts can set aside an agreement if: | Section 93(3) of the ''FLA'' also states that courts can set aside an agreement if: | ||
*a) | *a) Spouses do not make full and honest disclosure of all relevant financial information; | ||
*b) | *b) One spouse takes improper advantage of another’s vulnerability; | ||
*c) | *c) One spouse does not understand the nature or consequence of the agreement; and/or | ||
*d) | *d) Other circumstances that would cause, under common law, all or part of the contract to be voidable. | ||
The above concerns are often addressed by having the parties obtain independent legal advice. | The above concerns are often addressed by having the parties obtain independent legal advice. | ||
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) | *(a) The length of time that has passed since the agreement was made; | ||
*(b) | *(b) The intention of the spouses, in making the agreement, to achieve certainty; and/or | ||
*(c) | *(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)]). | ||
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''FLA'' section 44(3) holds that the written agreement may be given the force of a Court order if it is filed in a Supreme Court or Provincial Court registry. A Court must alter or set aside the terms of a parenting agreement if they are found not to be in the best interests of the child (s 44(4)), a concept discussed at length in this chapter. | ''FLA'' section 44(3) holds that the written agreement may be given the force of a Court order if it is filed in a Supreme Court or Provincial Court registry. A Court must alter or set aside the terms of a parenting agreement if they are found not to be in the best interests of the child (s 44(4)), a concept discussed at length in this chapter. | ||
Section 58 of the ''FLA'' outlines guidelines for agreements regarding contact with children. The ''FLA'' only emphasizes the importance of the best interests test, upgrading it from the “paramount” consideration to the “only” consideration. For more information on | Section 58 of the ''FLA'' outlines guidelines for agreements regarding contact with children. The ''FLA'' only emphasizes the importance of the best interests test, upgrading it from the “paramount” consideration to the “only” consideration. For more information on Parenting Time, see [[Parenting Time, Guardianship, and Access (3:XI) |Section XI: Parenting Time, Guardianship, and Access]]. | ||
==== b) Child Support ==== | ==== b) Child Support ==== | ||
