Difference between revisions of "Changing Family Law Agreements"

Agreements between married spouses 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''. 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''.  

If the ''Family Relations Act'' applies, then section 65 of that 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. 

 

For agreements between unmarried spouses made before March 18, 2013, the Supreme Court of British Columbia has found in [http://canlii.ca/t/j0s71 ''B.L.S. v. D.J.S''], 2019 BCSC 846, that the ''Family Law Act'' applies to these agreements, subject to any time limitations under s. 198 of the act.