When May A Separation, Cohabitation, Marriage Or Spousal Agreement Be Invalid?

A Court may disregard may disregard spousal support provisions in a spousal support agreement if any of the following circumstances apply and the Court is of the opinion that the separation agreement would be unfair:
  • the spouse who challenges the agreement did not have independent legal advice;
  • the agreement was obtained only by one spouse having removed a barrier to enable the other spouse to re­marry in the other spouse's faith (such as the requirement of a religious divorce which requires the consent of both spouses);
  • a spousal support agreement entered into while the spouses were living together in a common law relationship (cohabitation agreement) may be invalidated upon the spouses becoming married to each other (unless the agreement has a term that it is made in contemplation of their future marriage to each other and the terms will survive upon their marriage);
  • one of the spouses is on social assistance without reasonable support from the other spouse.

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Even the most common family law issue can be intensely stressful. A knowledgeable family lawyer can guide you through the process. An attorney will coach you on how to proceed and give expert guidance on hearings, trials and enforcing court orders. Take the first step now and talk to an experienced local family attorney.

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