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Difference between revisions of "Family Law Agreements"
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→Negotiating the terms of an agreement
Gayla Reid (talk | contribs) |
Gayla Reid (talk | contribs) |
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*there is no pressure to reach an agreement beyond the importance of reaching a reasonable agreement and saving money on legal fees and court costs. | *there is no pressure to reach an agreement beyond the importance of reaching a reasonable agreement and saving money on legal fees and court costs. | ||
Properly negotiating and entering into a family law agreement isn't simply a matter of putting the important parts on paper and signing the document. There must be fairness in the way an agreement is negotiated, fairness in the way it is drafted and fairness in the way it is signed. The people negotiating the agreement must be able to understand the agreement, be capable of agreeing to it and agree to it voluntarily. This is what s. 93(3) of the ''[[Family Law Act]]'' says about agreements for the division of property and debt: | Properly negotiating and entering into a family law agreement isn't simply a matter of putting the important parts on paper and signing the document. There must be fairness in the way an agreement is negotiated, fairness in the way it is drafted, and fairness in the way it is signed. The people who are negotiating the agreement must be able to understand the agreement, be capable of agreeing to it, and agree to it voluntarily. This is what s. 93(3) of the ''[[Family Law Act]]'' says about agreements for the division of property and debt: | ||
<blockquote><tt>(3) On application by a spouse, the Supreme Court may set aside or replace with an order made under this Part all or part of an agreement ... only if satisfied that one or more of the following circumstances existed when the parties entered into the agreement:</tt></blockquote> | <blockquote><tt>(3) On application by a spouse, the Supreme Court may set aside or replace with an order made under this Part all or part of an agreement ... only if satisfied that one or more of the following circumstances existed when the parties entered into the agreement:</tt></blockquote> | ||
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*you can't exploit the other party's weaknesses to get a good deal for yourself, | *you can't exploit the other party's weaknesses to get a good deal for yourself, | ||
*you have to make sure that the other party understands exactly what the agreement means and how it will affect his or her life, both now and in the future, and, | *you have to make sure that the other party understands exactly what the agreement means and how it will affect his or her life, both now and in the future, and, | ||
*you can't force or pressure someone to sign the agreement, you can't cheat someone into signing the agreement and the agreement must be reasonable. | *you can't force or pressure someone to sign the agreement, you can't cheat someone into signing the agreement, and the agreement must be reasonable. | ||
Although s. 93 is about property, s. 164(3) says the same thing about agreements for spousal support and I think that this is a pretty reasonable standard to set for all other family law agreements. If you don't want the court to throw out your agreement, you've got to take the time to do it right, and you've got to be fair and not take advantage of the other party. | Although s. 93 is about property, s. 164(3) says the same thing about agreements for spousal support, and I think that this is a pretty reasonable standard to set for all other family law agreements. If you don't want the court to throw out your agreement, you've got to take the time to do it right, and you've got to be fair and not take advantage of the other party. | ||
The legal formalities common to all family law agreements are these: | The legal formalities common to all family law agreements are these: | ||
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*The agreement must be properly executed, preferably signed by the parties in the presence of at least one witness. | *The agreement must be properly executed, preferably signed by the parties in the presence of at least one witness. | ||
As a general rule, each party who enters into a family law agreement should get ''independent legal advice'', advice from | As a general rule, each party who enters into a family law agreement should get ''independent legal advice'', which means advice from his or her own lawyer, about: | ||
*what the agreement means, | *what the agreement means, | ||