What is the test for overturning a spousal support agreement?
Nova Scotia, Canada
The following excerpt is from MacDonald v. MacDonald, 2013 NSSC 94 (CanLII):
Miglin v. Miglin, 2003 SCC 24, is seen as broadening the context in which agreements can be overturned moving from the limited circumstances where a court could find a radical and unforeseen change in circumstances casually connected to the marriage as in the Pelech trilogy to a broader discretion to assess the weight to be given to each objective in the spousal support provisions of the Divorce Act and to assess these and to give weight to each of these objectives in the back drop of the parties' circumstances.
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