In what circumstances will the court allow a husband to vary the terms of his maintenance agreement with his ex-wife?
British Columbia, Canada
The following excerpt is from Soule v. Soule, 1982 CanLII 639 (BC SC):
In Gergely v. Gergely, McCart L.J.S.C. pointed out that in each of the cases referred to him the application was by a wife or an ex-wife for maintenance or increased maintenance, and then (at p. 231) stated: If the law is … that in a proper case the court may vary the terms of a separation agreement either in divorce proceedings or in a subsequent application to vary a decree … then surely common sense, equity and fairness demand that the law afford the same relief for the husband or ex-husband … Justice demands that rights and obligations of spouses and ex-spouses be mutual.
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