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Difference between revisions of "Marriage (3:III)"
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→2. Legislation: Family Law Act [FLA]
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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) Spouses | *a) Spouses fail to disclose significant property or debts, or other information relevant to the negotiation of the agreement; | ||
*b) One spouse takes improper advantage of another’s vulnerability; | *b) One spouse takes improper advantage of another’s vulnerability; | ||
*c) One spouse does not understand the nature or consequence of the agreement; and/or | *c) One spouse does not understand the nature or consequence of the agreement; and/or | ||
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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)]). | ||
The test for setting aside an agreement is to first look at the formation of the agreement (s 93(3)) and then the effects of the agreement (s 93(5)). | The test for setting aside an agreement is to first look at the formation of the agreement (s 93(3)) and then the effects of the agreement (s 93(5)). Section 93(4) states that a Court may refuse to set an agreement aside even if it was unfairly reached ([http://canlii.ca/t/g0jhk ''Asselin v Roy'', 2013 BCSC 1681]). | ||
Section 1 of the ''FLA'' provides a definition of “Written Agreement” as an agreement written and signed by all parties. Written agreements should also be witnessed by someone over the age of 19 to address potential evidentiary issues at a later date. | Section 1 of the ''FLA'' provides a definition of “Written Agreement” as an agreement written and signed by all parties. Written agreements should also be witnessed by someone over the age of 19 to address potential evidentiary issues at a later date. | ||
