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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 17:41, 24 July 2017
, 17:41, 24 July 2017→Property and debt
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In 2013 case from the Supreme Court of British Columbia, [https://www.canlii.org/en/bc/bcsc/doc/2013/2013bcsc983/2013bcsc983.html?resultIndex=1 ''L.G.'' v. ''R.G.''], the Court said that the term "significant unfairness" is intended to create greater certainty by limiting when the Court will intervene to situations which are "unjust or unreasonable". In a 2014 case, [https://www.canlii.org/en/bc/bcsc/doc/2014/2014bcsc1552/2014bcsc1552.html?resultIndex=1 ''Remmem'' v. ''Remmem''], the Supreme Court of British Columbia said that in order for there to be "significant unfairness", the unfairness must be compelling or meaningful having regard to the factors set out in the legislation. | In 2013 case from the Supreme Court of British Columbia, [https://www.canlii.org/en/bc/bcsc/doc/2013/2013bcsc983/2013bcsc983.html?resultIndex=1 ''L.G.'' v. ''R.G.''], the Court said that the term "significant unfairness" is intended to create greater certainty by limiting when the Court will intervene to situations which are "unjust or unreasonable". In a 2014 case, [https://www.canlii.org/en/bc/bcsc/doc/2014/2014bcsc1552/2014bcsc1552.html?resultIndex=1 ''Remmem'' v. ''Remmem''], the Supreme Court of British Columbia said that in order for there to be "significant unfairness", the unfairness must be compelling or meaningful having regard to the factors set out in the legislation. | ||
===Agreements about property and debt made before March 18, 2013=== | |||
Agreements about property and debt that were made before March 18, 2013, which is when the ''Family Law Act'' came into force, have to be changed under the ''[http://www.bclaws.ca/civix/document/id/consol21/consol21/00_96128_01 Family Relations Act]'', which was the law in effect before the ''Family Law Act''. If the agreement is between unmarried spouses, then only agreements made before November 24, 2011, would have to be changed under the ''Family Relations Act''. | |||
Section 252(2)(a) of the ''Family Law Act'' says that proceedings to enforce, set aside or replace an agreement about property division that was made before the ''Family Law Act'' came into force must be started under the ''Family Relations Act''. Section 65 of the ''Family Relations Act'' says that an agreement that is in writing and witnessed by a third party or parties can be varied if it would be unfair having regard to the factors set out in that section. Section 68 of the ''Family Relations Act'' provides for the variation of agreements that are not in writing or were not witnessed. | |||
Given the additional issues involved in changing agreements made before March 18, 2013, getting advice from a lawyer is highly recommended. | |||
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