Can the Terms of a Divorce Be Changed?

At first, the terms that were agreed upon for your divorce had been sufficient to cover your situation. However, as time passes, certain aspects of your agreement can become inadequate. In some cases, you may need to challenge the settlement by presenting evidence or data that would change the mind of the court.

Certain parts of a divorce agreement can’t be changed once a ruling is made, especially after the appeal window passes. Other terms of a divorce are designed to remain flexible, reflecting how lives change over time.

Appealing a Decision

If you feel that the decision made by the court is incorrect, then you have the option to appeal. You’ll need to wait at least two days to launch an appeal, as the court will not consider one until a day has passed after the decision goes into effect. There’s also a deadline of 30 days after the divorce for requesting an appeal. In rare cases, a judge may grant an extension on the deadline.

After the request is made, an appellate court will allow or dismiss the appeal. Appeals may determine that an order should be overturned, or change the details of the settlement itself. The other result of an appeal is a new trial when it’s needed “to correct a substantial wrong or miscarriage of justice.”

Typically, you’ll only get an appeal hearing if there’s a serious problem with your trial or the verdict derived from the court proceedings. Otherwise, appeals tend to simply add to the cost of your divorce.

Modifying The Terms of A Divorce

In an ideal situation, the divorce that you experience will eventually result in an amicable change in relationship that allows the both of you to openly discuss family matters. When you need to change the terms of a divorce, if both parties have agreed to the change, all you need to do is submit the appropriate signed paperwork, which the government then officially processes. As long as the changes are legal within the framework of Canadian law, there shouldn’t be complications in submitting the new arrangement.

Unfortunately, there are some situations where both spouses are estranged from each other, with one side refusing to change the agreement at all. At this point, you should prepare yourself for a legal struggle to alter the divorce agreement according to your needs.

Modifying Custody

When the child is best served by an alteration in the custody agreement, and the parents disagree with the change requested, contacting the court may be required to alter divorce terms. This type of legal action is typically reserved for serious parenting issues that fundamentally affect the quality of care that a child receives.

Modifying Financial Arrangements

A wide variety of life events may end up altering the type of financial support that one spouse provides another after the marriage ends. This may include events that happen to either spouse or their children. In some cases, one spouse may end up securing a better job or some other financial support that reduces the need for support. In other cases, if the spouse or one of the supported children ends up having to deal with a sudden change of employment or another financial program, then the agreement may require changes in order to ensure fairness and stability for the child and ex-spouse.

Family Law Experts Fight For Your Rights

Some aspects of divorce settlements aren’t set in stone, reflecting how lives can change. Having an expert team of family lawyers supporting you post-marriage helps to ensure fairness on all sides.

Fine & Associates Professional Corporation is a well-respected Toronto Law Firm that prides itself on providing quality personal service and favourable outcomes in Family Law and Divorce Law.