Lethbridge v. Lethbridge and Martin, (1984) 28 Man.R.(2d) 105 (QB)

• Judge: Helper, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 11, 1984
• Jurisdiction: Manitoba
• Citations: (1984), 28 Man.R.(2d) 105 (QB)

Lethbridge v. Lethbridge (1984), 28 Man.R.(2d) 105 (QB)

MLB headnote and full text

Lethbridge v. Lethbridge and Martin

(Suit No. 25018 D.P.)

Indexed As: Lethbridge v. Lethbridge and Martin

Manitoba Court of Queen's Bench

Helper, J.

May 11, 1984.

Summary:

A wife petitioned for, inter alia, divorce and maintenance for herself. The wife had waived her right to maintenance in a separation agreement.

The Manitoba Court of Queen's Bench granted the divorce. The court refused to disturb the separation agreement respecting maintenance.

Family Law - Topic 4006

Divorce - Corollary relief - Maintenance awards - Effect of separation agreement - Pursuant to a separation agreement, a wife waived her maintenance rights - She received legal advice but maintained that her concern at the time was returning to the matrimonial home for the sake of her son - The wife knew at the time that the husband's income would increase faster than her own and that her expenses in the matrimonial home would be substantial - The Manitoba Court of Queen's Bench refused to set aside the separation agreement and thus denied the wife maintenance upon divorce - See paragraphs 6 to 14.

Cases Noticed:

Ross v. Ross (1984), 26 Man.R.(2d) 123, dist. [para. 4].

Thompson v. Thompson and Spence (1974), 16 R.F.L. 158 (Man. C.A.), refd to. [para. 7].

Farquar v. Farquar (1983), 1 D.L.R.(4th) 244 (Ont. C.A.), refd to. [para. 7].

Campbell v. Campbell (1978), 7 R.F.L.(2d) 285 (Ont. C.A.), refd to. [para. 7].

Newman v. Newman (1980), 4 Man.R.(2d) 50, consd. [para. 14].

Daly v. Daly (1980), 4 Man.R.(2d) 63, not appld. [para. 14].

Katz v. Katz (1983), 21 Man.R.(2d) 1, dist. [para. 14].

Neffgen v. Neffgen (1983), 24 Man.R.(2d) 118, dist. [para. 14].

Counsel:

D. Langtry, for the petitioner;

T. Goodman, for the respondent.

This petition was heard before Helper, J., of the Manitoba Court of Queen's Bench, whose decision was delivered on May 11, 1984.