How have the courts interpreted an agreement where the parties entered into an agreement that released or some way affected the claimant's right to seek spousal support?
British Columbia, Canada
The following excerpt is from Biggs v. Biggs, 2016 BCSC 1731 (CanLII):
Both the claimant and the respondent argue that since the parties entered into a separation agreement that this released or in some way affected the claimant’s right to seek spousal support. As a result, both the claimant and the respondent rely on Miglin v. Miglin, 2003 SCC 24. I disagree with this approach. In Miglin, the wife signed a separation agreement which released her claim for spousal support. The claimant signed no such release.
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