What is the effect of a Separation Agreement that states that each of the Applicant and the Respondent were represented by legal counsel?

Alberta, Canada


The following excerpt is from McCaffrey v. Dalla Longa, 2008 ABQB 183 (CanLII):

In addition, the Separation Agreement confirmed that each of the Applicant and the Respondent were represented by legal counsel and had obtained advice on its terms. It also confirmed that both parties had “an opportunity to make an independent investigation and determination of the affairs of the other”. I note that the wording of the Separation Agreement is similar to the one used in Ewing v. Ewing (2007), 404 A.R. 10, 2007 ABCA 72, which stated that “this child support may be varied if there is an important change in circumstances of either of the parties or either of the children”. In Ewing, as in this case, both parties were represented by experienced counsel and had acknowledged full disclosure to the other of assets, debts, income and expenses and had acknowledged receiving independent legal advice.

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