What is the current state of the law in this province when it comes to family law?

British Columbia, Canada


The following excerpt is from Duggan v. Duggan, 1977 CanLII 249 (BC SC):

These views have received approval in this province. Anderson J. in Dal Santo v. Dal Sento (1975), 21 R.F.L. 117 at 120, said: “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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