539
edits
Changes
→Negotiating the terms of an agreement
This is fairly straightforward:
Although section 93 is about property, section 164(3) says the same thing about agreements for spousal support, and I think that this is a pretty reasonable standard to use for all other issues in a family law agreement. If you don't want the court to throw out your agreement, you've got to take the time to do it right, and you've got to be fair and not take advantage of the other party.
As a general rule, each person who enters into a family law agreement should get ''independent legal advice'', advice from their own lawyer given before the agreement is signed, about:
Independent legal advice is important for two reasons: it ensures that the parties to the agreement know exactly what their rights and obligations are; and, it makes the agreement stronger by preventing a party from claiming later on that they didn't fully understand what the agreement meant or how it would impact them. If you really want to make sure that your agreement will stand the test of time, you've got to make sure that you and the other party have both seen a lawyer about the agreement!