Does an application to vary an agreement that is incorporated into a court order for spousal support that is not reached by agreement be subject to the same analysis under the Divorce Act?
British Columbia, Canada
The following excerpt is from Morigeau v. Moorey, 2013 BCSC 1923 (CanLII):
An application to vary an agreement that is incorporated into a court order will be subject to the same analysis, under section 17 of the Divorce Act, as an application to vary a court order for spousal support that was not reached by agreement: L.M.P v. L.S., 2011 SCC 64 at para. 46. That being said, the agreement is a relevant factor to consider in the analysis: L.M.P. at paras. 37, 50.
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