View Single Post
  #1 (permalink)  
Old 06-06-2017, 05:32 PM
mathatter89 mathatter89 is offline
Member
 
Join Date: May 2017
Posts: 46
mathatter89 is on a distinguished road
Default Legal Advice - Divorce / Ontario

Greetings.

I have filed a form 8A and served it to the respondent today (successfully) by way of process server (for an simple uncontested divorce as that is what we were doing when I started this). She and I had negotiated a separation agreement without legal counsel, however, I believe that disclosure (financial) was done. I was contacted by her lawyer today indicating that they believe that the separation agreement is null and that they will be filing a financial disclosure and they hope to renegotiate the agreement.

While we did not seek legal counsel, we came to the financial agreement in this way

1) We pulled up bank statements indicating what we had prior to getting married/living together (financially)
2) We figured out how much we earned as a couple, and then we split these earnings in half **She also did my taxes for the last 5 or so years so she is well aware of all of my income/finances etc**
a) She keeps what she brought in, I keep what I brought in (to the relationship)
b) We split what we earned in half, and then I paid her a lump sum for equalization of assets.

We agreed to a lump sum as that way she would not be taxed on spousal payments. She and I also agreed that there would be no need for spousal support.

--
So here's what I've learned from legal advice through my employer's legal line. 1) Wait until the other party tells me what they want before retaining my own counsel and 2) The separation agreement that was signed and witnessed may or may not be valid after all. I understand a court will try and see if the agreement is fair and if good faith for the disclosure was done (Which IMHO it was).

So ultimately the way I see it is that the other party is going hard ball right now and telling me they view it as null and void, when in fact it may not be the case, and now I should wait and see what the response is to my application for uncontested divorce (they have 30 days), or I'll continue with my divorce and they make an application for spousal support and/or a redistribution of previous assets.

Is there anything I'm missing here?

Thank you
Reply With Quote