Difference between revisions of "Changing Family Law Orders, Awards and Agreements Involving Spousal Support"

A ''consent order'' is an order that the parties agree the court should make. Sometimes, judges review the proposed terms and decide for themselves whether the order is appropriate – such as for divorce orders or orders concerning children.  Other times, where the order concerns matters that affect only the two parties consenting – such as property division or spousal support – judges are content to simply endorse whatever the parties have agreed for themselves.  In other words, a consent order is a kind of a hybrid, containing elements both of private agreement as well as judicial oversight or decision-making.  Sometimes the former is more predominant; sometimes the latter.

As such, there has always been this question. Is the test for changing such an order the usual test for changing court orders generally, or is the appropriate test that which the court applies when making an order to replace an agreement?  For a time, the second answer appeared to be the correct one.  But in a case called  ''L.M.P v L.S.'' 2011 SCC 64, the Supreme Court of Canada decided that, for cases under the ''Divorce Act'' at least, the first approach was the right one:  Has there been a material change in the means and needs connected to the marriage of either spouse that, if known of at the time of the original order, would have resulted in a different order being made?