SOURCE: Kushner Law

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August 24, 2016 15:06 ET

Vancouver Litigation Lawyers Explain Voided Cohabitation Agreements

Vancouver litigation lawyers explain how significant unfairness and voidable reason at common can nullify a cohabitation agreement

VANCOUVER, BC--(Marketwired - August 24, 2016) - As part of their Cohabitation Agreements in BC series, the litigation lawyers at Kushner Law Group assess two common reasons why cohabitation agreements may be set aside by the courts in BC-lack of independent legal advice and inadequate financial disclosure. For more, go to: http://kushnerlaw.ca/cohabitation-agreements-bc-law-unfairness-voidable-reason/

The blog explains that the base circumstances are already outlined in Section 93 of the Family Act, quoted below:

93 (3) On application by a spouse, the Supreme Court may set aside or replace with an order made under this Part all or part of an agreement described in subsection (1) only if satisfied that one or more of the following circumstances existed when the parties entered into the agreement:

(a) a spouse failed to disclose significant property or debts, or other information relevant to the negotiation of the agreement;

(b) a spouse took improper advantage of the other spouse's vulnerability, including the other spouse's ignorance, need or distress;

(c) a spouse did not understand the nature or consequences of the agreement;

(d) other circumstances that would, under the common law, cause all or part of a contract to be voidable.

(4) The Supreme Court may decline to act under subsection (3) if, on consideration of all of the evidence, the Supreme Court would not replace the agreement with an order that is substantially different from the terms set out in the agreement.

(5) Despite subsection (3), the Supreme Court may set aside or replace with an order made under this Part all or part of an agreement if satisfied that none of the circumstances described in that subsection existed when the parties entered into the agreement but that the agreement is significantly unfair on consideration of the following:

(a) the length of time that has passed since the agreement was made;

(b) the intention of the spouses, in making the agreement, to achieve certainty;

(c) the degree to which the spouses relied on the terms of the agreement.

What this essentially boils down to is that the Agreement may be voided if it leaves a long-term spouse detrimentally positioned-or if the consent to the terms of the Agreement was obtained under duress or by fraudulent means.

At Kushner Law Group we specialize in cohabitation, prenuptial, or marriage agreements.

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