Acts and Regulations

2020, c.23 - Family Law Act

Section 27
Disposition versions

Full text
Setting aside agreement
27The Court may set aside a provision for support or a waiver of the right to support in any agreement and may make a support order even though the agreement contains an express provision excluding the application of this section, if
(a) the provision for support or the waiver of the right to support results in unconscionable circumstances,
(b) the provision for support is in favour of or the waiver is by or on behalf of a dependant who qualifies for assistance under the Family Income Security Act or a dependant in respect of whom any payment has been made under the Family Services Act or the Child and Youth Well-Being Act, or
(c) there is default in the payment of support under the agreement at the time the application is made.
2023, c.36, s.12
Setting aside agreement
27The Court may set aside a provision for support or a waiver of the right to support in any agreement and may make a support order even though the agreement contains an express provision excluding the application of this section, if
(a) the provision for support or the waiver of the right to support results in unconscionable circumstances,
(b) the provision for support is in favour of or the waiver is by or on behalf of a dependant who qualifies for assistance under the Family Income Security Act or a dependant in respect of whom any payment has been made under the Family Services Act, or
(c) there is default in the payment of support under the agreement at the time the application is made.
Setting aside agreement
27The Court may set aside a provision for support or a waiver of the right to support in any agreement and may make a support order even though the agreement contains an express provision excluding the application of this section, if
(a) the provision for support or the waiver of the right to support results in unconscionable circumstances,
(b) the provision for support is in favour of or the waiver is by or on behalf of a dependant who qualifies for assistance under the Family Income Security Act or a dependant in respect of whom any payment has been made under the Family Services Act, or
(c) there is default in the payment of support under the agreement at the time the application is made.