What are separateation agreements for property division and spousal support?

Settlement agreements made upon marriage breakdown, and for the purpose of resolving issues such as property division and spousal support, are generally referred to as “separation agreements”. While these agreements are subject to the requirements of contract formation, such are not applied with the same rigour in a matrimonial context. In this regard, our courts have recognized the need to achieve fairness as between the parties: Mitchell v. Mitchell, 2000 BCSC 1367 (CanLII), at para. 35.