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.
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.
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