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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 19:47, 24 June 2019
, 19:47, 24 June 2019→Property and debt
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====Property and debt==== | ====Property and debt==== | ||
Section 93 of the ''[[Family Law Act]]'' talks about when the parts of an agreement about dividing property and dividing debt should be set aside. Like s. 164 on spousal support, discussed above, s. 93 provides two legal tests to help the court decide whether an agreement should be set aside. The first test requires the court to look at what happened when the agreement was being negotiated and signed and is exactly the same as the test at s. 164(3). The second test allows the court set aside the agreement, even if there | Section 93 of the ''[[Family Law Act]]'' talks about when the parts of an agreement about dividing property and dividing debt should be set aside. Like s. 164 on spousal support, discussed above, s. 93 provides two legal tests to help the court decide whether an agreement should be set aside. The first test requires the court to look at what happened when the agreement was being negotiated and signed and is exactly the same as the test at s. 164(3). The second test allows the court to set aside the agreement, even if there were no problems with the circumstances when the agreement was being negotiated and signed, if the agreement is "significantly unfair." However, to determine significant unfairness, s. 93(5) looks at three factors, not five: | ||
<blockquote><tt>(5) Despite subsection (3), the Supreme Court may set aside or replace with an order made under this Part all or part of an agreement if satisfied that none of the circumstances described in that subsection existed when the parties entered into the agreement but that the agreement is significantly unfair on consideration of the following:</tt></blockquote> | <blockquote><tt>(5) Despite subsection (3), the Supreme Court may set aside or replace with an order made under this Part all or part of an agreement if satisfied that none of the circumstances described in that subsection existed when the parties entered into the agreement but that the agreement is significantly unfair on consideration of the following:</tt></blockquote> | ||
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<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 a 2013 case from the Supreme Court of British Columbia, [http://canlii.ca/t/fxsd1 ''L.G. v. R.G.''], 2013 BCSC 983, the Court said that the term "significant unfairness" is intended to create greater certainty by limiting when the Court will intervene | In a 2013 case from the Supreme Court of British Columbia, [http://canlii.ca/t/fxsd1 ''L.G. v. R.G.''], 2013 BCSC 983, the Court said that the term "significant unfairness" is intended to create greater certainty by limiting when the Court will intervene in situations which are "unjust or unreasonable." In a 2014 case, [http://canlii.ca/t/g8mqv ''Remmem v. Remmem''], 2014 BCSC 1552, the Supreme Court of British Columbia said that in order for there to be "significant unfairness," the unfairness must be compelling or meaningful with regard to the factors set out in the legislation. | ||
===Setting aside agreements about property and debt under the ''Family Relations Act''=== | ===Setting aside agreements about property and debt under the ''Family Relations Act''=== | ||