In what circumstances will a court override the terms of a final settlement agreement for spousal support?
British Columbia, Canada
The following excerpt is from Knechtel v. Knechtel, 1997 CanLII 1281 (BC SC):
Later that same year in Willick v. Willick 1994 CanLII 28 (SCC), [1994] 3 S.C.R. 670 the court distinguished between an application to override the terms of a final settlement agreement as it related to child support and spousal support. In the case of child support all that is required is proof of a material change in circumstance to justify intervention as the parties are not free to bargain away the child's right to support. By inference the standard of radical unforseen change continues to apply where the application is to override spousal support agreements.
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