The written agreements signed in the context of a divorce settlement are valid if the parties receive advice from their respective lawyers.
Do the obligations resulting from a marriage that has ended survive? Are the written agreements signed in the context of a divorce settlement irrevocable?
A couple divorces after 15 years of marriage. Following long and difficult negotiations, the spouses sign a final agreement settling all issues related to their separation, including any spousal support claims. A few years after the judgment, relations deteriorate and Madame turns to the Court to request a revision of the agreement, which the Court acquiesces to.
The Supreme Court of Canada* overturns the decision of the lower courts on the grounds that the agreement was concluded in the absence of vulnerability, with the parties benefiting from the advice of their respective lawyers. The Court refuses to intervene because the agreement reflects the sincere desire of the parties. In order for the Court to intervene, it must be demonstrated that new circumstances, which could not reasonably have been foreseen at the time of the conclusion of the contested agreement, have led one of the parties to an intolerable situation. The Court emphasizes that when signing an agreement, there is always a certain degree of predictable change in the job market, real estate value, or the parties' health.
The Court reminds us that: "Parties must take responsibility for the contract they sign, just as they must take control of their lives." In the field of divorce, it is even more perilous to rely on one's lawyer. Let us hope that this choice proves wiser in law than in love.
* S.C.C. 28670, 2003-04-17
