How have recitals and clauses in a similar agreement been interpreted?
British Columbia, Canada
The following excerpt is from Deboer v. Deboer, 2017 BCSC 735 (CanLII):
In Reid v. Reid, 2017 BCCA 73, Groberman J.A. considered the significance of recitals and clauses in a similar separation agreement, and concluded that “[I]t is evident that the parties placed considerable emphasis on certainty and finality in entering into the agreement,” relying on such phrases as, “[T]he Parties intend this Agreement to be … the final settlement and release of their respective rights” and “the final settlement of any claim for spousal support. … ”
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