Open main menu

Clicklaw Wikibooks β

Changes

Changing Family Law Agreements

22 bytes added, 17:43, 24 July 2017
Agreements about property and debt made before March 18, 2013
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 Setting aside agreements about property and debt made before March 18, 2013under the ''Family Relations Act''===
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''.