Is a final agreement between the spouses binding on the terms of spousal support?
British Columbia, Canada
The following excerpt is from Estephan v. Estephan, 2012 BCSC 514 (CanLII):
Notwithstanding the finding that there was an agreement, it nevertheless is an agreement unlike a commercial contract, which the parties are normally free to make for themselves without interference from the courts. An agreement of the type made by the parties before me must conform with the objectives of the Divorce Act. I have considered Miglin v. Miglin, 2003 SCC 24, in which the appeal concerned the proper approach to determining an application for spousal support pursuant to the Divorce Act when the spouses had executed a final agreement respecting the financial issues between them following their separation.
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