In what circumstances will a family law contract be varied or set aside?

In the evidence adduced and in the arguments of counsel, considerable emphasis was given to the question of whether the separation agreement should be set aside or varied and, if so, on what basis. Such a question, however, must be approached only with cautious consideration. Anderson J. (as he then was) explained the reasons in Dal Santo v. Dal Santo (1975), 21 R.F.L. 117 (B.C.) when, at p. 120, he says: It is of great importance not only to the parties but to the community as a whole that contracts of this kind should not be disturbed lightly. Lawyers must be able to advise their clients in respect of their future rights and obligations with some degree of certainty. Clients must be able to rely on these agreements and know with some degree of assurance that once a separation agreement is executed their affairs have been settled on a permanent basis. The courts must encourage parties to settle their differences without recourse to litigation. The modern approach in family law is to mediate and conciliate so as to enable the parties to make a fresh start in life on a secure basis. If separation agreements can be varied at will, it will be much more difficult to persuade the parties to enter into such agreements.