Can a property settlement agreement be changed?

Yes, a property settlement agreement can be changed or revoked in limited circumstances. You may request the Court to set aside or vary a property order if:

• A miscarriage of justice has occurred due to fraud, coercion, suppression of evidence (including non-disclosure) or perjury;
• Circumstances have changed since the order was issued, making it impractical to enforce all or part of the order;
• Exceptional circumstances concerning the care, well-being, and development of a child from the marriage or relationship have emerged, resulting in hardship for the child or their caregiver if the order is not updated;
• One party has breached an order, and it would therefore be fair and reasonable to replace the original order with a new one; or
• A proceeds of crime order has been issued against a party or their assets.

Even if one of the above grounds has been met, it remains the Court’s decision as to whether the agreement can be changed.

Parties can also consent to a property settlement order being changed or revoked by applying for a new order with the Court, which would replace the original order.

Lastly, you may attempt to change a final property settlement order by appealing it within 28 days of its issuing. Potential grounds for this appeal include if the judge made a factual mistake or error of law, did not provide sufficient reasons for the decision, exhibited prejudice or failed to implement a fair procedure.