Variation Of Settlement Agreement

Second, the role of the courts would extend to functions such as debt collection and the registration of an unnecessary and indeterminate number of agreements if the courts were competent to make judicial decisions prior to the opening of a dispute between the parties. The Tribunal`s jurisdiction would extend beyond all issues that the parties may bring before the courts. Another consequence is the seriousness of the failure to comply with a court decision, which would be linked in the same way to a transaction agreement (or agreement) that rendered a court decision before the parties to the agreement opened legal proceedings. This means that any breach of the agreement would trigger a procedure of contempt, with consequences such as imprisonment and violation of the Constitution on the already available common law remedies for infringement, before the parties have commenced dispute resolution proceedings. [24] As a result, the Hodd/Hodd Tribunal found that any agreement to pay such support was not based on an anticipated right to support after divorce and that it was not in a position, as such, to present an agreed settlement or risk to claims arising from the action. “. . . Although it undoubtedly takes effect through injunctions of rights and comparisons and compromises made on the basis of these rights. A recognized means or right to avail itself of the assistance of the Court of Justice must exist before the Court makes an order, unless it can depart from it. 49 This finding is based on the adversarial model on which dispute resolution is based in our law, namely that the mandate or jurisdiction of the tribunal is determined by jurisdiction between the parties.

The Tribunal`s power therefore does not go beyond the issues that the appeal may raise and which the parties themselves have raised in their briefs.50 It follows that, if there is no obligation to require spousal support after the dissolution of the marriage, the court cannot decide and decide competently in its judgment and in the decision rendered to it.

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