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 of the parties' negotiations.
The last part of this test, at subsection (d), 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:
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Section 161, mentioned in subsection (e), is the part of the act that sets out the objectives of spousal support.
Section 161, mentioned in subsection (e), is the part of the act that sets out the objectives of spousal support.


If the court sets aside an agreement for spousal support, the person asking for support must convince the court that it should make an order for spousal support, under s. 165 of the ''Family Law Act''. This application will be treated in the same way that all other applications for support are treated.  
If the court sets aside an agreement for spousal support, the person asking for support must convince the court that it should make an order for spousal support, under s. 165 of the ''Family Law Act''. This application will be treated in the same way that all other applications for support are treated.


===Amending the Agreement===
===Amending the Agreement===