In what circumstances will a husband and wife repudiate an agreement on a divorce settlement by email?
British Columbia, Canada
The following excerpt is from Kuo v. Kuo, 2016 BCSC 767 (CanLII):
In Salminen v. Garvie, 2011 BCSC 339, the husband and wife agreed on a divorce settlement by email in order to avoid litigation costs. However, when the wife’s solicitor provided the draft agreement, changes had been made which reduced the husband’s proceeds from the house and increased his share of the capital gains taxes. The husband refused to sign the new agreement and made a counter offer. The court held that the wife repudiated the agreement when she materially changed the agreement and the husband accepted the repudiation when he made a counter offer.
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