Can a valid agreement regarding division of property be varied by the court?
British Columbia, Canada
The following excerpt is from Starr v. Cusack, 2013 BCSC 2000 (CanLII):
The effect of s. 65 is that even though a valid agreement is not set aside, its terms regarding division of property can be varied by the court. The courts have held that a properly negotiated agreement is not unfair simply because it produces a different result from the statutory scheme. In other words, a fair division is not necessarily an equal division: Elliott v. Elliott, 2007 BCSC 98.
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