Does a separation agreement need to be a contract?

British Columbia, Canada


The following excerpt is from Smith v. Smith, 2016 BCSC 839 (CanLII):

Separation agreements in family disputes are contracts and are subject to the ordinary law of contracts: Zhu v. Li 2009 BCCA 128. To be bound by a contract, the parties must have reached a meeting of the minds on the issues under negotiation.

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