Can I set aside my separation agreement? Part 3
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
(c) otherwise in accordance with the law of contract.
A separation agreement may be set aside if it does not comply with the basic requirements of contract law. Generally, there are volumes of cases and books devoted to the ingredients of a contract. At its core a contract is simply three things an offer, acceptance and consideration.
From there, we must ensure the contract is fair according to Ontario law. That it does not contract out of basic Ontario law. In assessing disputed contracts or clauses, there are common law contract requirements. For example, is one party in an unfair bargaining disadvantage? Are provisions of the contract vague or unclear? Have we defined contentious phrases or terms?
Feel free to browse my articles:
- What is a separation agreement?
- Should I get a separation agreement?
- What is Independent Legal Advice?
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