Does a pre-existing agreement between the parties with respect to spousal support bar an application for support under the Divorce Act?
British Columbia, Canada
The following excerpt is from C.H.T. v. P.V.L., 2015 BCSC 419 (CanLII):
The authorities establish that the existence of a pre-existing agreement between the parties with respect to spousal support does not bar an application for spousal support. Section 15.2(4)(c) of the Divorce Act mandates that the existence of such an agreement is one factor to be considered in determining whether spousal support should be awarded: Halliday v. Halliday, 2015 BCCA 82 at para. 35.
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