What is the test for setting aside an oral agreement between spouses regarding the division of family property and debt?
British Columbia, Canada
The following excerpt is from Hasselwander v Ludvigson, 2018 BCSC 1814 (CanLII):
The court will only set aside an oral agreement made between spouses regarding the division of family property and debt if the division would be substantially different from the division the court would order and significantly unfair to one of the spouses (Thomson v. Young, at paras. 45, 47-49).
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