4,104
edits
Changes
no edit summary
Section 1 of the ''FLA'' provides a definition of “Written Agreement” as an agreement written and signed by all parties. Written agreements should also be witnessed by someone over the age of 19 to address potential evidentiary issues at a later date.
=== 3. Substance of Contract ===
The main part of the agreement usually deals with the division of property and debt in the event of a relationship breakdown. The agreement may provide for management and/or ownership of family assets during a marriage or cohabitation and/or when the relationship ends. The parties may also specify that neither party is responsible for debts of the other incurred either before or during the relationship.
While it was once against public policy to contract in anticipation of future separation, section 92 of the ''FLA'' explicitly anticipate such considerations in a marriage contract. Under the ''FLA'', spouses can agree on how to divide family property, and what debts or items are eligible for division.
Section 93 of the ''FLA'' states that agreements respecting property division can be set aside for lack of procedural fairness, such as failure to disclose, where one party has taken advantage of the other, or where one spouse did not appreciate the consequences of the agreement.
According to section 93(4) and (5) of the ''FLA'', the Court will only set aside an agreement on property under these sections “if the division agreed to would be ‘substantially different’ from the division that the Court would order and ‘significantly unfair’ to one of the spouses”.
==== a) Parenting Arrangements ====
Parenting arrangements are generally never in cohabitation or marriage agreements.
Parenting arrangements are covered by section 44 of the ''FLA''. Please note that an agreement for contact is not an agreement for “parenting arrangements” and will not be enforced under this section.
Agreements made about parenting are not binding unless made after separation or when parties are about to separate with the purpose of being effective upon separation (s 44(2)).
''FLA'' section 44(3) holds that the written agreement may be given the force of a Court order if it is filed in a Supreme Court or Provincial Court registry. A Court must alter or set aside the terms of a parenting agreement if they are found not to be in the best interests of the child (s 44(4)).
Section 58 of the ''FLA'' outlines guidelines for agreements regarding contact with children. The ''FLA'' only emphasizes the importance of the best interests test, upgrading it from the “paramount” consideration to the “only” consideration. For more information on Custody and Parenting, see [[Custody, Guardianship, and Access (3:X) |Section X: Custody, Guardianship, and Access]].