Unlike a civil court action whereby one party will win and one will lose, in a house sale with one buyer and one seller, the parties have a common objective, which is to reach
a mutually accepted agreement.
When faced with an application to vary an order, the court should not ignore a
mutually -
accepted separation
agreement such as the one reached by these spouses; however, it will be only one of several factors that goes into the threshold question of whether there has been a «material change» in circumstances since the initial order was made.