In what circumstances will a court respect a separation agreement made by a husband and wife?
British Columbia, Canada
The following excerpt is from Wiest v. Middelkamp, 2008 BCSC 1774 (CanLII):
In Hartshorne v. Hartshorne, 2004 SCC 22 it was noted at para. 9 that: “[t]he authorities generally agree that courts should respect private arrangements that spouses make for the division of their property on the breakdown of their relationship.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will the husband be ordered to pay costs to the wife for his failure to comply with the rules of court and order the wife to pay solicitor and client costs? (British Columbia, Canada)
In what circumstances will the court allow a husband to vary the terms of his maintenance agreement with his ex-wife? (British Columbia, Canada)
In what circumstances will a husband and wife be able to claim equal living standards of living with the wife when they separate from each other? (British Columbia, Canada)
Does the court have an obligation to respect an individual's agreement with respect to their rights and liabilities following their separation? (British Columbia, Canada)
What is the difference between a husband and wife when the wife is a co-owner of a small business and the wife receives her share? (British Columbia, Canada)
How have the courts in BC dealt with the issue of a draft Agreement between a husband and wife? (British Columbia, Canada)
In what circumstances will a court order that a wife receive one-half of the proceeds of the sale of her half interest in a property owned by her husband? (British Columbia, Canada)
In what circumstances will a husband and wife repudiate an agreement on a divorce settlement by email? (British Columbia, Canada)
In what circumstances will a trial court order permanent spousal support for the payor husband, even if the husband’s income is uncertain? (British Columbia, Canada)
In what circumstances will the BC Supreme Court of Justice order a further review order to order that an expert in economic forecasting of the economic circumstances of a separated spouse be reviewed? (British Columbia, Canada)
