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Difference between revisions of "Changing Orders in Family Matters"
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Changing Orders in Family Matters (view source)
Revision as of 14:43, 5 July 2017
, 14:43, 5 July 2017→Changing consent orders for support
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#If the agreement did meet the objectives set out in the legislation, does the agreement still reflect the original intention of the parties and does it continue to meet the objectives for spousal support described out in the legislation? | #If the agreement did meet the objectives set out in the legislation, does the agreement still reflect the original intention of the parties and does it continue to meet the objectives for spousal support described out in the legislation? | ||
In other words, a court asked to change a consent order for spousal support should first look at the circumstances in 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 consent order continues to reflect the parties' intentions at the time the order was made, and whether the terms of the consent order continue 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 in which the order was made. Was a party at an unfair advantage? Was a party pressured into agreeing to the order? Was there sufficient financial disclosure for the party to make an informed decision? Did the parties have independent legal advice? 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 consent order continues to reflect the parties' intentions at the time the order was made, and whether the terms of the consent order continue to meet the criteria set out in the legislation. | ||
==Resources and links== | ==Resources and links== | ||
