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Difference between revisions of "Changing Orders in Family Matters"

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#If the order did meet the objectives set out in the legislation, does the order still reflect the original intention of the parties and does it continue to meet the objectives for spousal support set out in the legislation?
#If the order did meet the objectives set out in the legislation, does the order still reflect the original intention of the parties and does it continue to meet the objectives for spousal support set out in the legislation?


In other words, a court asked to change a consent order for spousal support should first look at the circumstances under which the order was made. Was a party at an unfair advantage? Was a party pressured into agreeing to the order? Secondly, the court should consider whether the order met the criteria for spousal support set out in the Divorce Act. Thirdly, if the order passes the first two parts of the test, the court should look at whether the order continues to reflect the parties' intentions at the time the order was made, and whether the order continues to meet the criteria set out in the legislation.
In other words, a court asked to change a consent order for spousal support should first look at the circumstances under which the order was made. Was a party at an unfair advantage? Was a party pressured into agreeing to the order? Secondly, the court should consider whether the order met the criteria for spousal support set out in the ''Divorce Act''. Thirdly, if the order passes the first two parts of the test, the court should look at whether the order continues to reflect the parties' intentions at the time the order was made, and whether the order continues to meet the criteria set out in the legislation.


==Can't find a court document or want to fix an error?==
==Can't find a court document or want to fix an error?==
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