No announcement yet.

Do you think your separation agreement cannot be challenged in the Cour, think again!

  • Filter
  • Time
  • Show
Clear All
new posts

  • Do you think your separation agreement cannot be challenged in the Cour, think again!

    I have an interesting situation that may apply to many divorced people with a separation agreement. It has to do with mitigating future motion to vary spousal support, due to claimed material change. I understand that depending on when a separation agreement was signed, before (during separation) or after divorce, it can make a big difference on how the court can deal with the request of variation of spousal support. In the end, it boils down to whether the court has jurisdiction under the Family Law Act or the Divorce Act ( and usually not both). For example, if the divorce Order explicitly includes spousal support clauses or paragraphs from the separation agreement, the court would have jurisdiction under section 17 of the divorce act to vary spousal support but not under the Family law act.

    Hence, here is my question: for an opposing ex spouse to variation to spousal support terms in the signed agreement, is it better that the case is dealt with under the Divorce Act or the Family law act? Remember that when filing for divorce the applicant can easily force under what court jurisdiction the future request of variation can be dealt with.
    Last edited by Tbaga; 05-28-2020, 09:09 PM. Reason: Correct spelling

  • #2
    I see many viewed the post, but no feedback. Please provide any feedback you may have. Thank you.


    • #3
      It is a well known topic to most on this forum and has been discussed. Generally though most people discuss the topic in context to their own matter. Or... if there is new jurisprudence / change in law that significantly changes what defines a "material change in circumstance".

      You seem to be blending which court vs what defines a "material change in circumstance". Both courts are bound to contemplating the matter under the microscope of all federal and provincial laws.

      It also depends in what jurisdiction you live in. You live in the Golden Horseshoe you will be in Superior Court generally. Small ones like say some remote place you may be in another...


      Our Divorce Forums
      Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.