What is the test for an originating application for spousal support?
British Columbia, Canada
The following excerpt is from Stalker v. Stalker, 2012 BCSC 478 (CanLII):
The plaintiff’s application is for an original order inconsistent with their Agreement. There was a time when the fundamental premise of the law was that parties ought to be bound by their agreements, but since Miglin v. Miglin, 2003 SCC 24, the question is broader and involves a two-part test. The first is found in Miglin at para. 80: 80 In an originating application for spousal support, where the parties have executed a pre-existing agreement, the court should first look to the circumstances in which the agreement was negotiated and executed to determine whether there is any reason to discount it.
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