Does the court have an obligation to respect an individual's agreement with respect to their rights and liabilities following their separation?

British Columbia, Canada


The following excerpt is from Chutter v. Chutter, 2016 BCSC 2407 (CanLII):

It is generally important to respect separation agreements. Courts should respect the rights of individuals to enter into agreements with respect to their rights and liabilities following a separation. Parties who have properly entered into separation agreements have a legitimate interest in certainty and the courts should be reluctant to disrupt that interest. Indeed, courts have an obligation to respect the agreements parties have properly entered into: Goulding v. Keck, 2014 ABCA 138 at para. 26.

Other Questions


How have the courts in BC dealt with the issue of separation in the context of separation and separation? (British Columbia, Canada)
When parties have negotiated their own maintenance agreement following their divorce, can the agreement be respected? (British Columbia, Canada)
What is the test for respecting a separation agreement where the parties have negotiated their own agreement as to how their financial affairs should be settled after the breakdown of their marriage? (British Columbia, Canada)
How have the courts interpreted an agreement where the parties entered into an agreement that released or some way affected the claimant's right to seek spousal support? (British Columbia, Canada)
In what circumstances will a court respect a separation agreement made by a husband and wife? (British Columbia, Canada)
What are the conditions that must be met by the court to exercise the right to exercise a personal injury right? (British Columbia, Canada)
What is the general policy of the court in Canada with respect to family law agreements? (British Columbia, Canada)
In what circumstances will the Respondent at the Human Rights Tribunal of B.C. claim that the Applicant be denied the right to continue to pursue his human rights claim? (British Columbia, Canada)
Can a lawyer who entered into a fixed fee agreement with a client without the client signing a written agreement with respect to the amount of money that was deposited into his general account? (British Columbia, Canada)
Is an arbitrator obligated to ensure that the provisions of a collective agreement comply with the Human Rights Code? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.