What is the purpose of section 68 of the Marriage and Divorce Act?

British Columbia, Canada


The following excerpt is from M.G. v. T.A.G., 2002 BCSC 1526 (CanLII):

The purpose of s. 68, in my opinion, is contained in this passage in the speech of Lord Nicholls in Brooks v. Brooks (supra, at page 263) which refers to the comparable English law: “... Financial provision that is appropriate so long as the parties are married will often cease to be appropriate when the marriage ends. In order to promote the best interests of the parties and their children in the fundamentally changed situation, it is desirable that the court should have power to alter the terms of the settlement. The purpose of the section is to give the court this power.”...

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