What is required for the court to set aside a property agreement?

The correct answer is that all or relevant provisions must be set aside for the court to take action regarding a property agreement. In family law, when a party seeks to have a property agreement set aside, they must demonstrate that specific provisions of the agreement are either unfair or that there are compelling reasons to invalidate them. This means that the court can look at the entirety of the agreement and may decide to set aside either all of it or just those specific provisions that are found to be problematic.

This approach is consistent with the judicial principle that courts exercise their discretion in a way that ensures fairness and justice, particularly in family law matters where the parties' financial situations and familial relationships may be at stake. Even if there are compelling reasons related to fairness or new evidence, the court's action is contingent upon the nature of the provisions in question. Therefore, a determination of which provisions may be set aside plays a critical role in the legal proceedings.

The emphasis on the necessity for specific provisions to be set aside aligns with the court's approach to balancing the rights and responsibilities of both parties while ensuring that any property agreements reflect fairness and equity.