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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