Is the whole of the Agreement on spousal support enforceable?

Manitoba, Canada


The following excerpt is from The Estate of Denise Joanne Pynenburg et al. v. Donald Rocan Salkeld, 2020 MBQB 150 (CanLII):

… It is clear the Agreement was negotiated with give and take on both sides, where the sum of its parts can be considered to be a whole. The spousal support was for a finite sum and a limited duration, negotiated in the full context of all financial issues arising from the marriage. To not consider the whole of the Agreement as enforceable would detract from the policy objectives of negotiated settlement and contractual autonomy discussed in Miglin [Miglin v. Miglin, 2003 SCC 24]. It would also tilt the Agreement in Jean’s favour subsequent to the whole of the Agreement being negotiated and agreed upon.

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