In what circumstances will a court grant interim spousal support in the face of a prenuptial agreement?
British Columbia, Canada
The following excerpt is from Lodjn v. Lodjn, 1997 CanLII 1300 (BC SC):
In my view, the respondent applicant has made out a case for the court exercising its discretion to make an award of interim spousal support in the face of the prenuptial agreement on the basis that she has demonstrated a prima facie case for spousal support based on a material change in circumstances as that expression has been judicially reviewed in Willick v. Willick 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a court refuse to order interim spousal support? (British Columbia, Canada)
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)
Does a spouse's failure to make an interim application for retroactive child and spousal support carry more weight than they would have if they were seeking interim support? (British Columbia, Canada)
How have the courts interpreted an agreement where the parties entered into an agreement that released or some way affected the claimant's right to seek spousal support? (British Columbia, Canada)
In what circumstances will the Court use the Spousal Support Advisory Guidelines to determine the appropriate amount of support on variation applications? (British Columbia, Canada)
Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
In what circumstances will a court override the terms of a final settlement agreement for spousal support? (British Columbia, Canada)
In what circumstances will a court order arrears of spousal support and child support against a husband who quit his job? (British Columbia, Canada)
In what circumstances will the court grant spousal support to a husband who has taken early retirement to facilitate his wife obtaining better employment? (British Columbia, Canada)
What is the proper treatment of an existing agreement when a court is arriving at an initial order for spousal support? (British Columbia, Canada)
