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Difference between revisions of "Dividing Property and Debt in Family Law Matters"
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Dividing Property and Debt in Family Law Matters (view source)
Revision as of 00:31, 3 May 2013
, 00:31, 3 May 2013→Agreements on property and debt and the Family Law Act
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Now, even if there are problems with an agreement under s. 93(3), the court can still decide not to set aside the agreement if "it would not replace the agreement with an order that is substantially different from the terms set out in the agreement" under s. 93(4). In other words, if the court wouldn't make a different order than the arrangements the parties agreed to, it might just leave the agreement alone. | Now, even if there are problems with an agreement under s. 93(3), the court can still decide not to set aside the agreement if "it would not replace the agreement with an order that is substantially different from the terms set out in the agreement" under s. 93(4). In other words, if the court wouldn't make a different order than the arrangements the parties agreed to, it might just leave the agreement alone. | ||
If there are no problems under s. 93(3), the second test, at s. 93(5), allows the court to set aside agreements that are "signficantly unfair" taking into account: | If there are no problems under s. 93(3), the second test, at s. 93(5), allows the court to set aside agreements that are "signficantly unfair" taking into <span class="noglossary">account</span>: | ||
<blockquote><tt>(a) the length of time that has passed since the agreement was made;</tt></blockquote> | <blockquote><tt>(a) the length of time that has passed since the agreement was made;</tt></blockquote> | ||
