Is the Marriage Agreement valid and governs the parties' asset division?
British Columbia, Canada
The following excerpt is from Cornelissen v. Cornelissen, 2002 BCSC 953 (CanLII):
In reaching the conclusion that the Marriage Agreement is valid and therefore governs the parties’ asset division, I am guided in part by the following statement of Anderson J. in Dal Santo v. Dal Santo (1975), 21 R.F.L. 117 at 120 (B.C.S.C.): 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 would become much more difficult to persuade the parties to enter into such agreements.
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