Is a maintenance agreement enforceable by the courts?
Alberta, Canada
The following excerpt is from Allen v. Allen, 1999 ABQB 961 (CanLII):
In Pelech, at p.500, Wilson J. affirmed that a maintenance agreement can never totally extinguish the jurisdiction of the court to impose its own terms on the parties as set out in Hyman v. Hyman, supra. A freely negotiated and informed waiver of legal rights cannot oust the jurisdiction of the court. However, Wilson J. then went on to answer the broader question of when it is fit and just to exercise that jurisdiction.
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