Domestic Agreements Case Law

Tuesday February 1st, 2022

Domestic Agreements Case Law: What You Need to Know A domestic agreement is a legal document that outlines the terms and conditions agreed upon by couples or family members in regards to matters such as property distribution, child support, and spousal support in the event of a separation or divorce. It is a necessary document… View Article

Domestic Agreements Case Law: What You Need to Know

A domestic agreement is a legal document that outlines the terms and conditions agreed upon by couples or family members in regards to matters such as property distribution, child support, and spousal support in the event of a separation or divorce. It is a necessary document for couples who wish to define their own terms instead of relying on the legal system to make decisions for them.

Domestic agreements case law is the collection of legal cases that have been decided by courts in relation to domestic agreements. These cases provide valuable insight into how the law interprets and enforces domestic agreements.

One of the most significant cases in domestic agreements case law is the 1979 Supreme Court of Canada decision in the Moge v Moge case. This case established that spousal support is not just a privilege but a right, and that the courts have an obligation to ensure that the support provided is fair and reasonable.

Another important case is the 1984 Supreme Court of Canada decision in the Meslin v Meslin case. This case established that domestic agreements are enforceable as long as they meet certain criteria, including full disclosure, independent legal advice, and fairness at the time of the signing.

In recent years, there have been several noteworthy cases in domestic agreements case law, including the 2013 Quebec Court of Appeal decision in Lesieur v Lesieur. This case held that the court may override a domestic agreement if it is determined to be unconscionable, meaning that it is so one-sided that it shocks the conscience of the court.

It is important for anyone considering a domestic agreement to consult with a lawyer who is experienced in this area of law. A lawyer can review the agreement to ensure that it meets the necessary criteria and can advise on the likelihood of the agreement being enforced if challenged in court.

In conclusion, domestic agreements case law provides a valuable framework for understanding the legal principles surrounding domestic agreements. By consulting with a lawyer experienced in this area of law, couples and family members can ensure that their domestic agreement is fair and enforceable.