The Canadian Abridgment eDigests -- Family Law - WesternSeparation Agreement • March 15th, 2021
Contract Type FiledMarch 15th, 2021Parties were married for 12 years and they had two children -- Partied entered into separation agreement that required wife to transfer title to family home to husband with result that husband would become sole owner of property -- There was also gift letter in which wife transferred her interest in property to husband -- Wife claimed that she signed separation agreement and gift letter under duress -- Husband brought action seeking to enforce separation agreement and gift letter; wife brought counterclaim seeking to set aside separation agreement and gift letter -- Action dismissed; counterclaim allowed -- Section 93(6) of Family Law Act provided that s. 93 may apply to unwitnessed written agreement if court was satisfied it would be appropriate to do so in circumstances -- Parties accepted that they each signed agreement, and it was appropriate to consider it under s. 93 even though it was not validly witnessed -- Separation agreement said nothing about number of financial issues, an