International Divorce Agreements Can Be Enforced in British Columbia
He v. Fan, 2025 BCSC 1517: The 2021 Divorce Agreement
He v. Fan, 2025 BCSC 1517 is a complex family law case involving several family property agreements between the parties, three of which concerned the division of real property in British Columbia. Henderson & Lee Law Corporation represented the claimant and obtained a judgment in her favour. This is the first article in a series discussing the Court's treatment of those three agreements.
The 2021 Divorce Agreement
The first agreement was a divorce agreement entered into in China in 2021 (the "2021 Divorce Agreement"). Cross-border family disputes often raise complicated questions about whether an agreement signed overseas will be recognized and enforced in Canada.
The parties divorced in China in June 2021 and signed the 2021 Divorce Agreement. It allocated the Canadian hotel business to the claimant and other property to the respondent.
The Respondent's Coercion Allegation
The respondent later sought to avoid the 2021 Divorce Agreement by alleging that he had signed it under coercion and arguing that it should not be enforced in British Columbia.
At trial, Cameron Lee of Henderson & Lee Law Corporation represented the claimant and presented the documentary and testimonial evidence concerning the agreement and the parties' conduct.
The Court Enforces the Agreement
After reviewing the evidence, the Court rejected the respondent's coercion allegation and concluded that the 2021 Divorce Agreement was valid and enforceable. The Court made orders giving effect to the agreement, including the transfer of the relevant British Columbia company and hotel interests to the claimant.
The decision illustrates that, in appropriate circumstances, a British Columbia court may recognize and enforce an international family agreement, particularly where the agreement is supported by documentary evidence and the parties' subsequent conduct is consistent with it.
Cross-Border Family Property Disputes
Disputes involving assets and agreements in China and Canada require careful legal strategy, detailed evidence management, and an understanding of both family law and the practical realities of cross-border litigation.
Henderson & Lee Law Corporation regularly assists clients with complex family property disputes involving overseas agreements, international assets, immigration-related ownership structures, and high-conflict litigation across jurisdictions.
This article is provided for general information only and does not constitute legal advice. Past results do not guarantee future outcomes.
