MacLean Law’s top rated BC separation agreement lawyers know that many separating couples want to resolve their family law dispute promptly with a properly drafted and fair BC separation agreement. No one wants an expensive trial when they can have one of our skilled senior BC separation agreement lawyers negotiate or mediate a comprehensive BC separation agreement. We have 5 offices across BC in Vancouver, Surrey, Kelowna, Richmond and Fort St John, BC. Call us toll free at 1-877-602-9900.
The BC Family Law Act promotes fair BC separation agreements that ideally are crafted by experienced and savvy BC separation agreement lawyers.
The BC separation agreement lawyers at MacLean Law know that:
- involving lawyers early on in the process for both spouses; and
- obtaining full and frank disclosure from each spouse;
are key factors in ensuring our clients do not sign an unfair BC separation agreement either because of an informational vacuum or fear of family violence.
All too often we have to steer our clients clear from the disasters of being a martyr in taking too little or being a hero in overpaying to get a case settled. Those unfortunate people we haven’t counselled to a just result on separation and who make these mistakes will spend thousands of dollars trying to fix a mess they created by rushing to sign an unfair BC separation agreement. Come to our BC separation agreement lawyers early on so your outcome is positive and you have the funds to move on to a successful post separation life.
New Act Promotes Out Of Court Settlements Which Is Great
Our BC Family Law Act focuses on negotiation, mediation and arbitration of disputes with court being the final alternative. Section 4 of the Family Law Act emphasizes that out-of-court dispute resolution processes and resolution through agreements are not simply add-ons to litigation but are the preferred option, with court as a valued, but last, resort. Section 5 requires full and truthful disclosure early in the process to promote early settlement by ensuring that the parties have all the information required for fair and sound decision-making. Information gaps can fuel or prolong conflict and can affect the fairness of agreements. Our BC separation agreement lawyers always carefully explain top our clients the key sections of the new BC Family Law Act concerning separation agreements. Fair agreements will be upheld but significantly unfair agreements where someone is misled, bullied or cannot protect themselves cannot expect to be approved of an upheld by our courts.
Agreements respecting property division
92 Despite any provision of this Part but subject to section 93 [setting aside agreements respecting property division], spouses may make agreements respecting the division of property and debt, including agreements to do one or more of the following:
(a) divide family property or family debt, or both, and do so equally or unequally;
(b) include as family property or family debt items of property or debt that would not otherwise be included;
(c) exclude as family property or family debt items of property or debt that would otherwise be included;
(d) value family property or family debt differently than it would be valued under section 87 [valuing family property and family debt].
New Stricter Test To Set Aside BC Separation Agreements
Our new Act sets a stricter standard for setting aside BC separation agreements as section 93 sets out:
Setting aside agreements respecting property division For Unfair Negotiations
93 (1) This section applies if spouses have a written agreement respecting division of property and debt, with the signature of each spouse witnessed by at least one other person.
(2) For the purposes of subsection (1), the same person may witness each signature.
(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 described in subsection (1) only if satisfied that one or more of the following circumstances existed when the parties entered into the agreement:
(a) a spouse failed to disclose significant property or debts, or other information relevant to the negotiation of the agreement;
(b) a spouse took improper advantage of the other spouse’s vulnerability, including the other spouse’s ignorance, need or distress;
(c) a spouse did not understand the nature or consequences of the agreement;
(d) other circumstances that would, under the common law, cause all or part of a contract to be voidable.
(4) The Supreme Court may decline to act under subsection (3) if, on consideration of all of the evidence, the Supreme Court would not replace the agreement with an order that is substantially different from the terms set out in the agreement.
Courts Can Set Aside Fairly Negotiated Agreements That Later Become Significantly Unfair
(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:
(a) the length of time that has passed since the agreement was made;
(b) the intention of the spouses, in making the agreement, to achieve certainty;
(c) the degree to which the spouses relied on the terms of the agreement.
(6) Despite subsection (1), the Supreme Court may apply this section to an unwitnessed written agreement if the court is satisfied it would be appropriate to do so in all of the circumstances.
