Our Surrey separation agreement lawyers are pleased that our new BC Family Law Act encourages out of court settlements. The BC Family Law Act also emphasizes that separation agreements are a viable, independent and binding option for resolving family law disputes involving child parenting, support and property division and valuation disputes. Out of court settlements have always been the preferred route for our experienced Surrey separation agreement lawyers. Lorne N MacLean, QC is rated as one of the Three Best Surrey Family Lawyers.
Award Winning Lawyers- Best Family Law Firm In Vancouver
Our award winning senior Surrey separation agreement lawyers have successfully negotiated and mediated hundreds of Surrey and Vancouver separation agreements. Our special ability to find creative solutions that meet the needs of both parties to resolve matters and to enable them to move forward is appreciated by our clients. We are proud to have been voted as the best family law firm in Vancouver by prestigious Top Choice Awards for 2 out of the last 3 years.
The successful settlement rate for our Surrey separation agreement lawyers is 95% even after court proceedings are initiated.
Our Surrey separation agreement lawyers know that it is prudent to start court proceedings to:
- preserve property and keep spouses and children safe
- to obtain proper financial disclosure under oath and
- to set a trial date so there is a firm endpoint for a deal to be reached or having a judge decide the financial and parenting arrangement issues.
Surrey Separation Agreement Lawyers
Our Surrey separation agreement lawyers also know that our new BC Family Law Act mandates that fair agreements will be entitled to considerable deference but unfair ones where:
- non-disclosure occurred or;
- inappropriate pressure and tactics were used
will not not be sanctioned, approved of or upheld by the courts when faced with applications to vary or set aside Surrey separation agreements that are deficient and unfair.
Lorne N. MacLean, QC suggests that in addition to full disclosure with accurate valuations being obtained the parties to a separation agreement can be videotaped and examined under oath on the video as to whether they have disclosed all their assets and whether they accept the fairness of the negotiations and the valuations of the family property and the support terms.
I tell my clients full disclosure of all property whether excluded or family property is critical and actual valuations of land, stocks, real estate and companies is very important to making a fair agreement that will stand the test of time. I say in jest “only disclose the assets you want to keep or fairly divide because the ones you don’t list will likely be divided up later by a court who will take a dim view that an asset was not disclosed or foolishly omitted from the agreement.
Setting Aside Separation Agreements For Non-Disclosure
Agreements made without appropriate disclosure may be set aside if they are challenged in property division and spousal support cases under the following sections:
- section 93 allows for the setting aside of agreements regarding property,
- section 164 allows for the setting aside of agreements regarding spousal support,
- If an agreement is set aside based on one party’s non-disclosure, section 214 gives the court the power to penalize the non disclosing person if they deliberately withheld disclosing significant property
- one of the reasons our Surrey separation agreement lawyers start a court proceeding is because then the court has the power to order disclosure under sections 212 and section 213 and remedies for incomplete or misleading disclosure. These sections
Types of Clauses To Consider
The BC Law Society Drafting Checklist for Separation Agreements lists the following topics to be considered:
1. Date of Agreement
2. Names and Addresses of Parties
3. Recitals
4. Introductory/Interpretation Clauses
5. Guardianship
6. Parenting Arrangements
7. Contact with Child (If Applicable)
8. Child Support
9. Spousal Support
10. Responsibility for Debts
11. Division of Property
12. Provision for Death
13. Substantive Terms with Third Parties
14. General Clauses
15. Schedules
16. Appendices
Non Disclosure is The Cancer of Family Law Litigation
In a nutshell you are required to make full disclosure yourself and you are also entitled to full disclosure from your spouse, no more no less. Non-disclosure has been called the cancer of family law litigation. Our Surrey Separation Agreement Lawyers recently obtained special costs from a non-disclosing party for a Bc Supreme Court action and our Surrey separation agreement lawyers also had the opposing party’s pleadings struck for failure to obey court orders and and further orders limiting their participation at trial.
Our skilled Surrey Separation Agreement Lawyers won’t tolerate non-disclosure and neither should you!
Call us toll free at 1-877-602-9900 to meet with us in our Surrey office or any of our 4 other offices located in Vancouver, Kelowna and Fort St John, and Richmond BC.
