Yes, separation agreements written by mediators can be contested in court if specific legal grounds exist.

A separation agreement, even when drafted through mediation, remains subject to legal scrutiny and can be challenged in Canadian courts. The court may review and potentially modify the agreement if there are valid grounds for contestation, including:

  • Lack of financial disclosure or misrepresentation of assets
  • Undue pressure or duress during the mediation process
  • Unconscionable terms that are grossly unfair to one party
  • Failure to obtain independent legal advice before signing
  • Significant changes in circumstances since the agreement was made

However, courts generally respect agreements reached through mediation and will only intervene when there is clear evidence of unfairness or procedural irregularities. It’s advisable to seek legal counsel before attempting to contest a mediated separation agreement.