How Do I Get a Variation of a Separation Agreement in British Columbia?
This answer covers the law of British Columbia.
You can change a separation agreement in British Columbia by signing a new written agreement with the other person. A new agreement that changes an earlier one revokes each changed part, and the unchanged remainder stays effective. A family law agreement is binding on the parties whether or not it was filed with a court.
If the other person will not agree, a court may be able to step in, depending on the term involved. A witnessed spousal support agreement can be set aside if a spouse failed to disclose income or significant property, or did not understand it, or if it is significantly unfair. A court can change a child support order if circumstances changed under the guidelines, or on substantial new evidence. It can change a spousal support order if either spouse's circumstances changed.
Parenting terms are valid only to the extent they serve the child's best interests. Child support terms are binding only if made after separation, or when you were about to separate and meant them to take effect on separation. Which route fits depends on your agreement, and a lawyer can confirm.
Key takeaways
- You can vary a separation agreement by signing a new written agreement, and the parts you do not change stay effective.
- A court can change a child support or spousal support order on a change in circumstances or on substantial new evidence.
- A witnessed spousal support agreement can be set aside if, for example, a spouse failed to disclose income or significant property or did not understand it.
- A payor cannot end child support under an order by their own decision, because it continues until a court changes, suspends or terminates it.