Is representation by legal counsel a defence in a family law case?
British Columbia, Canada
The following excerpt is from Chan-Henry v Liu, 2018 BCSC 2140 (CanLII):
Representation by legal counsel is not necessarily a defence where circumstances exist that would otherwise the family law agreement to be set aside. As was noted in Rick v. Brandsema, at para. 61, "Exploitation is not rendered anodyne merely because a spouse has access to professional advice."
See also the recent summary of law respecting unconscionability in separation and settlement agreements in Gibbons v. Livingstone, 2018 BCCA 443 at paras. 35–47.
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