Courts may invalidate separation agreements that are unfair, incomplete, or against children’s interests
A separation agreement can be deemed legally unenforceable by Canadian courts under several key circumstances:
- Child welfare concerns – Terms that don’t adequately protect or serve the best interests of affected children
- Incomplete disclosure – Failure by either spouse to fully disclose all relevant assets, debts, and financial obligations
- Unfair terms – Agreements that are significantly one-sided or unconscionable
- Lack of independent legal advice – When one or both parties didn’t receive proper legal counsel before signing
To ensure your separation agreement remains valid and enforceable, it’s essential to be transparent, fair, and prioritize children’s wellbeing while working with qualified legal professionals.