WHEN CAN A SEPARATION AGREEMENT BE SET ASIDE?

Setting aside a Separation Agreement Part 1

Setting Aside a Separation Agreement Part 2

Setting Aside a Separation Agreement Part 3

(a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;

The most common of situations where section 56(4) may be triggered is the financial disclosure section. Parties may argue that at the time of either negotiating or signing the separation agreement they were not provided with full and fair financial disclosure.

A prudent lawyer will take care to explain this issue to their client. They will ensure that the separation agreement has specifically included clauses wherein the parties have satisfied this criteria.

Those who draft an agreement without legal advice or input, can often fail to take into consideration the importance of the financial disclosure provision.

In the event of a dispute that ends up in court the party looking to set aside will have to demonstrate they were not provided with fair financial disclosure.

Feel free to browse my articles:

• What is a separation agreement?
• Should I get a separation agreement?
• What is Independent Legal Advice?

FAMILY LAWYER NEAR ME IN BURLINGTON? 

Are you looking for a family law lawyer in Burlington or Oakville? Call my office.

My address is 901 Guelph Line, Burlington.
You can also call or text at 416-505-4901