What is the effect of a consent order on spousal support?

British Columbia, Canada


The following excerpt is from Jens v. Jens, 2008 BCCA 392 (CanLII):

Mr. Justice Brooke expressed the view that the consent order was fair at the time it was made. He stated that the length of cohabitation of the parties was neither long nor short, and had to be taken into account. He found that neither the compensatory nor contractual model of spousal support, as discussed in Bracklow v. Bracklow, 1999 CanLII 715 (SCC), [1999] 1 S.C.R. 420, applied, but the “court can and should relieve the economic hardship arising out of the breakdown of the marriage.” He concluded that, by at the latest March of 2007, the appellant “should be able to seek, and if she seeks she will, I am confident, find employment”, and with the litigation behind her, had an opportunity to retrain. Reasons for Judgment of Meiklem J.

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