Difference between revisions of "Changing Family Law Agreements"

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Changing Family Law Agreements (view source)

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This page focusses on separation agreements and talks how agreements can be changed without going to court and when the agreements can be set aside by the court. You can learn about how family law agreements are enforced in the ____ page.
This page focusses on separation agreements and talks how agreements can be changed without going to court and when the agreements can be set aside by the court. You can learn about how family law agreements are enforced in the ____ page.


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'''JP done... no gloss tags to be added, plus internal and external links'''


==Changing Agreements by Agreement==
==Changing Agreements by Agreement==
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{{JP Boyd on Family Law Navbox|type=chapters}}
{{JP Boyd on Family Law Navbox|type=chapters}}
The questions that the court will want answered are: What has changed between the date of the execution of the agreement such that the agreement should be changed despite the objections of the other party? Is there some aspect of the agreement or how the agreement was made that demands the intervention of the court? Was there some fundamental unfairness surrounding the negotiation of the agreement such that the whole agreement should be set aside?
A party asking the court to interfere with an agreement must, in general, show that
the agreement is fundamentally unfair or that it would be unfair to hold the party to the terms of the agreement, or
circumstances have changed significantly since agreement was executed such that it is no longer appropriate
before the court will consider making an order different than the terms set out in an agreement.
The Supreme Court of Canada discussed the fairness issue in depth in a 2009 case called Rick v. Brandsema. In this case, the court talks about how family law agreements are different from commercial agreements because of the unique emotional circumstances surrounding the negotiation of family law agreements — when you're signing a car lease, you're not doing it when you've just ended a long cohabiting relationship with the dealer. In Rick, the court emphasized that fairness means:
bargaining in the utmost good faith;
being completely honest and forthcoming during negotiations;
making full and complete financial disclosure, whether full financial disclosure has been requested or not; and,
not taking advantage of someone at a time of emotional or psychological weakness or vulnerability.
If an agreement wasn't fairly negotiated, it may be vulnerable to challenge later on down the road.
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