What is the general policy of the court in Canada with respect to family law agreements?

British Columbia, Canada


The following excerpt is from Acorn v. Acorn, 1980 CanLII 350 (BC SC):

The general policy of the court with respect to separation agreements is, in my respectful view, summed up in the words of Anderson J. in Dal Santo v. Dal Santo (1975), 21 R.F.L. 117 (B.C.S.C.). There the wife did not ask for maintenance at the time of the separation agreement. The agreement had been drawn up by the husband's solicitor and the learned trial judge found that in spite of the fact that the petitioner did not receive independent legal advice she was well aware of her rights and signed the agreement voluntarily. He further found that she was an intelligent woman with a strong and positive personality. At p. 120 the learned judge said this: "It is of great importance not only to the parties but to the community as a whole that contracts of this kind should not be lightly disturbed. Lawyers must be able to advise their clients in respect of their future rights and obligations with some degree of certainty. Clients must be able to rely on these agreements and know with some degree of assurance that once a separation agreement is executed their affairs have been settled on a permanent basis. The courts must encourage parties to settle their differences without recourse to litigation. The modern approach in family law is to mediate and conciliate so as to enable the parties to make a fresh start in life on a secure basis. If separation agreements can be varied at will, it will become much more difficult to persuade the parties to enter into such agreements."

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