How have the courts in BC dealt with the issue of a draft Agreement between a husband and wife?
British Columbia, Canada
The following excerpt is from Azanchi v Mobrhan-Shafiee, 2019 BCSC 1392 (CanLII):
The claimant relies on Asselin v. Roy, 2013 BCSC 1681. That case is distinguishable as: 1. the claimant in the present case did have an opportunity to review the draft Agreement in advance; 2. the claimant was given the opportunity to seek legal advice and specifically rejected it; 3. the claimant was the dominant breadwinner in the household and was not financially dependent on the respondent; 4. the respondent was not in possession of the Agreement “for months” and then “sprung it” upon the claimant; and 5. the claimant was given an opportunity to make changes to the Agreement, and in fact did so.
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