Open main menu

Clicklaw Wikibooks β

Changes

Separation Agreements

465 bytes added, 16:27, 9 June 2019
Add paragraph about oral agreements
Note that the courts will rarely if ever uphold an agreement that attempts to contract out of a statutory obligation. Child support, for example, is a positive, almost absolute, obligation a parent has toward their children. The court will not consider itself bound by an agreement that says a person will never have to pay child support.
 
Also note that the courts can uphold an oral agreement if, as in [http://canlii.ca/t/g6t11 ''Thomson v. Young''], 2014 BCSC 799, there is evidence that both parties clearly understood the essential terms of the agreement and intended to be bound by those terms. But there is often disagreement between the parties about whether an oral agreement was intended to be final and binding, so it is best to confirm any oral agreements in a written separation agreement.
==The possible subjects of a separation agreement==