Variation of existing court orders and separation agreements

In order to vary a separation agreement a court has to be satisfied that has been a material change of circumstances since the making of an order or an agreement before a court will undertake an analysis as to whether a variation is warranted.

A material change of circumstances is the change which, if known at the time of the order, would likely have resulted in different terms. However, if the matter relied upon as constituting the change was known at the relevant time, it cannot be relied upon as a basis for variation.