When assessing the fairness of a common law agreement in its operation in terms of child and spousal support and property division, how is the agreement calculated?
British Columbia, Canada
The following excerpt is from Dhaliwal v. Dhaliwal, 2021 BCCA 72 (CanLII):
Entitlements from other sources, such as spousal support and child support, are considered when assessing the overall fairness of the agreement in its operation: Hartshorne at para. 47; H.S.S. at para. 56. However, property division should be addressed before the quantum of support is fixed: H.S.S. at para. 56. When considering the recovery through property division and spousal support together, the risk of double recovery if both are awarded, as well as the risk of inadequate compensation if only one is awarded, should be kept in mind: H.S.S. at para. 64, citing Tedham v. Tedham, 2005 BCCA 502 at para. 64; Chutter v. Chutter, 2008 BCCA 507 at para. 78, leave to appeal ref’d, [2009] SCCA No. 41.
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