When parties have negotiated their own maintenance agreement following their divorce, can the agreement be respected?
British Columbia, Canada
The following excerpt is from Kim v. De Camillis (ès qual), 1999 CanLII 6233 (BC SC):
In Pelech v. Pelech (1987), 1987 CanLII 57 (SCC), 14 B.C.L.R. (2d) 145 (S.C.C.) the parties had independent legal advice, and entered into a maintenance agreement following their divorce. Wilson J. at page 181: ... It seems to me that where the parties have negotiated their own agreement, freely and on the advice of independent legal counsel, as to how their financial affairs should be settled on the breakdown of their marriage, and the agreement is not unconscionable in the substantive law sense, it should be respected. People should be encouraged to take responsibility for their own lives and their own decisions. This should be the overriding policy consideration. ...
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