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Difference between revisions of "Changing Family Law Agreements"
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Changing Family Law Agreements (view source)
Revision as of 18:29, 23 February 2017
, 18:29, 23 February 2017→Property and debt
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<blockquote><blockquote><tt>(b) the intention of the spouses, in making the agreement, to achieve certainty;</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(b) the intention of the spouses, in making the agreement, to achieve certainty;</tt></blockquote></blockquote> | ||
<blockquote><blockquote><tt>(c) the degree to which the spouses relied on the terms of the agreement.</tt></blockquote></blockquote> | <blockquote><blockquote><tt>(c) the degree to which the spouses relied on the terms of the agreement.</tt></blockquote></blockquote> | ||
In 2013 case from the Supreme Court of British Columbia, [https://www.canlii.org/en/bc/bcsc/doc/2013/2013bcsc983/2013bcsc983.html?resultIndex=1 ''L.G.'' v. ''R.G.''], the Court said that the term "significant unfairness" is intended to create greater certainty by limiting when the Court will intervent to situations which are "unjust or unreasonable". In a 2014 case of the same Court, [https://www.canlii.org/en/bc/bcsc/doc/2014/2014bcsc1552/2014bcsc1552.html?resultIndex=1 ''Remmem'' v. ''Remmem''], the Court said that in order for there to be "significant unfairness", the unfairness must be compelling or meaningful having regard to the factors set out in the legislation. | |||
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==Further Reading in this Chapter== | ==Further Reading in this Chapter== | ||