Difference between revisions of "Changing Family Law Orders, Awards and Agreements Involving Spousal Support"
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<blockquote><tt>(d) other circumstances that would under the common law cause all or part of a contract to be voidable.</tt></blockquote> | <blockquote><tt>(d) other circumstances that would under the common law cause all or part of a contract to be voidable.</tt></blockquote> | ||
The last part of this test, at subection (b), is about whether there is a defect under the law of contracts that might make the agreement void or voidable. The other parts of the test are all about the fairness parties' negotiations. | The last part of this test, at subection (b), is about whether there is a defect under the law of contracts that might make the agreement void or voidable. The other parts of the test are all about the fairness of the parties' negotiations. | ||
Now, even if there are no issues with an agreement under s. 164(3), the second test, at s. 164(5), allows the court to set aside agreements that are "signficantly unfair" taking into account: | Now, even if there are no issues with an agreement under s. 164(3), the second test, at s. 164(5), allows the court to set aside agreements that are "signficantly unfair" taking into account: | ||