In what circumstances will a court set aside an improvident domestic agreement?
Ontario, Canada
The following excerpt is from Gammon v. Gammon, 2008 CanLII 5968 (ON SC):
In Charko v. Charko, [1997] S.J. No. 516 the court had the benefit of expert evidence from a specialist in family law who testified as to the information a lawyer should have about the financial circumstances of the parties before advising one party to enter into a domestic agreement. This would include a complete list of all assets and liabilities, proper valuation of all the assets as well as the income tax returns for the previous three years. Although the court found that the advice and handling of the wife’s case did not measure up to the standards proposed by the expert, the court considered other relevant circumstances and determined that while the agreement was “somewhat improvident” it was not grossly unfair or unconscionable and declined to set it aside.
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