Can a husband and wife negotiate a divorce settlement based on the value of their assets?
Ontario, Canada
The following excerpt is from Raaymakers v. Green, 2004 CanLII 39 (ON SC):
I agree with the comments of Granger J. in Pruss v. Pruss (2001) 12 R.F.L. (5d) at 206-7: The cost of placing a value on assets is expensive and as long as one of the spouses does not mislead the other as to the value I see no reason why the spouses cannot be allowed to negotiate an agreement. The courts should not be seen as the guardians of the terms of a separation agreement. If this were the case every settlement would require court approval and the cost to the parties would be increased tenfold.
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