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BC Supreme Court · Agreements

Setting aside a family agreement in BC

A signed separation agreement is important, but BC law allows courts to set aside or replace certain property and spousal-support terms in defined circumstances.

There is no single “unfair agreement” test. Property agreements and spousal-support agreements have specific statutory provisions. The analysis starts with the type of term being challenged and the facts at the time the agreement was made.

Property agreements — section 93

For qualifying written property agreements, section 93 identifies entry-stage concerns such as significant non-disclosure, improper advantage of vulnerability, lack of understanding, or other circumstances that would make a contract voidable.

Spousal support agreements — section 164

Section 164 uses similar entry-stage factors for written spousal-support agreements, including non-disclosure and improper advantage. It also contains a later fairness analysis that is specific to support.

Evidence that matters

Preserve drafts, financial disclosure, emails, certificates of independent legal advice if any, and evidence about the circumstances in which the agreement was negotiated and signed.

Property and support are not identical

Do not assume a reason that could affect a support clause automatically sets aside a property clause. The statutory framework and consequences differ.

Cost planning

Agreement litigation can become document-heavy. Before filing, isolate which clauses are challenged, which statutory section applies and what remedy is sought.

See government sources