Sentences with phrase «unfairness in the divorce agreement»
«An application to reopen a divorce case is often presented by a showing of fraud, misconduct, or mistaken negotiations, or by show a fundamental inequity or unfairness in the divorce agreement.
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[50] Justices Bastarache and Arbour concluded spousal support agreements should be given considerable weight, except: (i) where the circumstances under which such an agreement was negotiated and executed are unsatisfactory; (ii) where there is substantial unfairness (non-compliance with the objectives of the Divorce Act) when the agreement was entered into; or (iii) where at the time an application to determine spousal support is commenced there has been a change in circumstances not reasonably anticipated by the parties which renders the agreement unfair (i.e., no longer in compliance with the objectives of the Divorce Act).