What is the test for a variation in the terms of a spouse's marriage contract?
British Columbia, Canada
The following excerpt is from A.A.B. v. P.G.B., 2004 BCSC 1466 (CanLII):
As Sopinka J. wrote in Willick v. Willick, supra at 21 that: ...the change must be a material change of circumstances. This means a change, such that, if known at the time, would likely have resulted in different terms. The corollary to this is that if the matter which is relied on as constituting a change was known at the relevant time it cannot be relied on as the basis for variation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexsei.com.
Other Questions
What is the effect of a change in terms of terms and conditions in an employment contract when an employee finds that the terms of their employment contract have been changed so that they no longer exist? (British Columbia, Canada)
What is the test for variation in terms of a variation in the terms of an order? (British Columbia, Canada)
What is the test for moral claims in a second marriage where the deceased and surviving spouse are married and the surviving spouse has adult children from their first marriage? (British Columbia, Canada)
What factors will the court consider when determining the division of assets between the parties in a long-term marriage where there was a long term marriage? (British Columbia, Canada)
What is the test for determining that a common law marriage contract between two equal strength spouses does not need to be subject to the same rules as a commercial contract? (British Columbia, Canada)
What is the impact of a spouse’s pre-marriage pension entitlement on the relationship of the spouses? (British Columbia, Canada)
What is the range of damages for damages for breach of a contract where the contract price of a parcel of land was significantly lower than the value of the land at the time the contract was signed? (British Columbia, Canada)
What is the test for determining the "need" of a spouse in a long-term marriage? (British Columbia, Canada)
In a long-term marriage involving sharing of resources between spouses, what is the concept of "need" in the context of sharing resources? (British Columbia, Canada)
Is a contract that requires the purchaser to take all reasonable steps necessary to meet the terms of the contract? (British Columbia, Canada)
