10/08/2024
Unless your partner or spouse consents to changing a term of a court order, separation agreement, pre-nup, or cohabitation agreement, you’ll need to follow through with court or other dispute resolution procedure to advance your requested change.
In order to bring a motion to court to change a final order, for support, for example, there must be a “change in circumstances”, since the last order was made. The change in circumstances can be from any change in the condition, means, needs or other circumstances of either spouse or of any child who is entitled to support.
If you file a motion to change, you must demonstrate that a material change of circumstances was not contemplated by the parties when the final order was made. Furthermore, you must show that if such a change had been known, at the time the final order was made, it would likely have resulted in different terms.
In seeking to change the terms of a separation agreement, pre-nup, cohabitation agreement, or other such agreement, it is often a requirement to show that there has been a material change, although this is not always the case. The requirement often depends on the specific terms of the agreement at play.
If you’re looking for further advice on anything related to changing the terms of an order or agreement, contact us at Hines Legal by going to our website, HinesLegal.ca.
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