We Ensure That Spousal Support Provisions Are Enforceable.

Understanding Spousal Support Agreements and the Importance of Legal Assistance

When it comes to spousal support agreements, it’s crucial to understand the circumstances under which a court may set aside or alter these agreements. A court may set aside all or part of a spousal support agreement if any of the following conditions existed when the agreement was made:

1. Non-disclosure: One spouse failed to disclose income, significant property, debts, or other relevant information.

2. Exploitation: One spouse took improper advantage of the other spouse’s vulnerability, such as ignorance, need, or distress.

3. Lack of Understanding: One spouse did not understand the nature or consequences of the agreement.

4. Other Voidable Circumstances: Any other circumstances that would make the contract voidable under common law.

Understanding the Court’s discretion

Even if these conditions are met, the court may choose not to set aside the agreement if it believes that replacing the agreement would not result in a substantially different outcome.

The court can also set aside or replace an agreement if it finds the agreement significantly unfair, considering factors like:

1. Time Passed: The length of time since the agreement was made.

2. Changed Circumstances: Any changes in the condition, means, needs, or other circumstances of a spouse since the agreement was made.

3. Certainty: The intention of the spouses to achieve certainty with the agreement.

4. Reliance: The degree to which the spouses relied on the terms of the agreement.

5. Objectives of Spousal Support: How well the agreement meets the objectives of spousal support, such as recognizing economic advantages or disadvantages, apportioning financial consequences of child care, relieving economic hardship, and promoting economic self-sufficiency.

PrenupServices.ca has expertise with spousal support provisions

At PrenupServices.ca, we specialize exclusively in cohabitation and prenuptial agreements, offering expert services in this niche area of family law. Our transparent, flat, and all-inclusive fees ensure you know exactly what you’ll pay from the outset, eliminating any surprise bills and providing peace of mind. Additionally, we offer convenient and flexible service hours, including evenings and weekends, to accommodate your busy schedule. Contact us today to benefit from our tailored, affordable, and accessible legal services.