What is the test for a marriage agreement under section 65 of the Marriage and Divorce Act?
British Columbia, Canada
The following excerpt is from Clark v. Clark, 2000 BCSC 395 (CanLII):
Since this agreement was not reduced to writing it is not a marriage agreement under s. 61(3) of the Act. It is nevertheless reviewable under the terms of s. 65, as a division of property between the spouses made under s. 56(1)(a). In any event, similar factors apply whether the agreement is reviewed under s. 65 or s. 68: Speed v. Speed [1994] B.C.J. No. 2740; (2 December 1994) Victoria 5939/26474 (B.C.S.C.) para. 12. A review therefore involves consideration of the factors set out in s. 65(1) of the Act in the context of the principles enunciated above.
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