What is the proper analytic approach to the assessment at paragraph 41 of the Divorce Act?

Bastarache J. then set out the proper analytic approach to the assessment at paragraph 41 saying: At paras. 79 to 91, [Miglin v. Miglin] we set out a two-stage approach requiring that courts look first to the circumstances of the negotiation and execution of the agreement to determine if one party took advantage of the other's vulnerability, or if the substance of the agreement at formation failed to comply substantially with the general objectives of the Divorce Act. Second, viewed from the time the application is made, courts should inquire if the agreement still reflects the original intentions of the parties and if it is still in substantial compliance with the objectives of the Divorce Act.