Does the consent order of 1981 consent order on spousal support issue order apply to a nominal support order?

British Columbia, Canada

The following excerpt is from Boudreau v. Bradbury, 1998 CanLII 1805 (BC SC):

In this case the parties settled their financial issues by a nominal support order, which is generally understood to have been a device formerly used by parties to a marriage breakdown to preserve the receiving spouse's right to apply for effective spousal maintenance through a variation. In that sense, the 1981 consent order was not intended to be a final settlement of the spousal support issue order, and Pelech v. Pelech, 1987 CanLII 57 (SCC), [1987] 1 S.C.R. 801 does not apply: Moge v. Moge p.839.

Other Questions

Does the Court have discretion whether to apply spousal support under the Spousal Support Appeal Guidelines? (British Columbia, Canada)
When a spousal support order is varied as a result of a change in circumstances and a review of the support order? (British Columbia, Canada)
What is the test for a spouse to apply for spousal support under the Spousal Support Review System? (British Columbia, Canada)
What is the legal test for determining the duration of a spousal support order, or the "magical cut-off date" for support? (British Columbia, Canada)
In what circumstances will a court order arrears of spousal support and child support against a husband who quit his job? (British Columbia, Canada)
What is the range of spousal support awarded under the Spousal Support Advisory Guidelines? (British Columbia, Canada)
What is the test for a judge to order a child support order where the payor's past performance and history of arrears with respect to child support? (British Columbia, Canada)
Is a desk order pronounced on February 28, 2011 a dismissal of a request for a custody order and a support order? (British Columbia, Canada)
What is the test for a spousal support order against a woman who has been ordered to work for 20 years? (British Columbia, Canada)
How have the courts in India considered the issue of non-compensation and compensatory support for the purposes of spousal support? (British Columbia, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.