(LPSA)Introduction

Introduction

The courts can’t change a family agreement. But you can ask them to replace all or part of one with a new court order (to set aside an agreement).

You can apply to set aside all or part of an agreement if you:

  • have a family agreement dealing with parenting, support, or property and debt,
  • have tried to resolve your issues on your own but can't,
  • have tried to resolve your issues with the help of a mediator or other service but can't, or
  • don't think it'll be possible to resolve your issues.

A judge won't set aside all or part of an agreement and make a new order just because one person isn't happy with the agreement. The judge must consider many factors, depending on the issue involved.

If your case is in Victoria, you will follow different procedures. See Family matters at the Victoria Courthouse.

 

Type of agreement Guidelines for judges
Guardianship, parental responsibilities, and parenting time Is the existing agreement in the best interests of the child?
Contact with a child Is the existing agreement in the best interests of the child?
Child support Would the new order follow the rules in section 150 of the Family Law Act?
Spousal support Was the process used for making the agreement unfair? For example, did one spouse not share financial information or take advantage of the other spouse’s vulnerability? Or did one spouse not understand what they were signing?

OR

Is the existing agreement itself unfair because circumstances have changed or for one of the other reasons listed in section 164(5) of the Family Law Act?
Read through this whole guide before you begin so you understand the documents and forms you need to prepare and what you can expect in court.
If you and the other person can agree about your issues, you won't have to go to court. You can make a new agreement instead of having a judge or master set aside your agreement. See Who can help you reach an agreement? for more information about this.

Where will it all take place?

Any court documents must be filed in the same registry where the agreement was filed. If you must appear in court, you'll appear in the courthouse where you file your application. (If a court order to change the registry has been issued since your case began, you'll file your application and appear in court in the changed location.)

How long will it take?

Around four weeks is a typical waiting time for a first appearance, if the other person files a Reply. The length of time before your first appearance in front of a judge varies with the location of the Provincial Court.

A trial or hearing date can take many months to arrange. If a trial's going to take more than one day because there are many witnesses, it's common for the trial date to be more than six months after the court appearance where the date is fixed.

At any stage of the proceedings — even during a trial â€” you can make an agreement with the other person and have a judge make a consent order in court covering what you both agree upon.

Get legal help

It's a good idea to get some legal help before you use this guide. If you can't afford a lawyer, you can get legal help in other ways, including:

Staff at Justice Access Centres in Abbotsford, Nanaimo, Surrey, Victoria, and Vancouver can also answer your questions and help you fill out forms.

For information about legal aid, see the Legal Aid BC website.

Updated on 21 October 2020