Can a domestic agreement be set aside simply because one of the parties now regrets having signed it?
Ontario, Canada
The following excerpt is from O’Dacre v. Cross, 2019 ONSC 2265 (CanLII):
A domestic agreement cannot be set aside simply because one of the parties to the agreement now regrets having signed it. As Spence J. stated in McCall v. Res, 2013 ONCJ 254 (CanLII), at para. 23: I do appreciate that parties, in their understandable desire to finalize litigation, will sometimes enter into a consent that they afterwards wish to tweak, or that they later feel does not adequately address all of their concerns. However, in the absence of a subsequent consent, it is not open to the court to change those orders simply because one parent or the other later experiences buyer’s remorse. And, as I have discussed, in the absence of a material change in circumstances, which is the case here, the parties must live with the existing order.
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