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Old 03-01-2011, 03:14 PM
Mess Mess is offline
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Join Date: Aug 2009
Location: Toronto
Posts: 5,448
Mess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the roughMess is a jewel in the rough

Stop using the term affidavit, it is confusing you and will continue to confuse others. At best it is a contract.

You didn't receive independent legal advice. However if you dawdle and do nothing, or if you receive advice and don't persue any changes then the agreement starts to carry more weight. Your strongest legal position is to act soon, obtain the opinion of a lawyer (so that you can show that you obtained independent legal advice) and then contest the agreement.

This agreement puts you in a terrible position, as NBDad said she can come back at any time for child support, she can come back and seek spousal but she still has the house and you've lost your equity.

Act now. Why on earth would you hand over thousands of dollars to avoid paying spousal support and then have to pay spousal? Why would you give her equity in the home so the children can stay where they have been raised, and then watch her sell and pocket the money?

You don't mention this but where would she be moving to? Will you both remain in the same school district? You should be certain of this, if she tries to move out of the district and you have problems getting the children to school this will compound your problems.

See a lawyer NOW. Immediately send her notice that the agreement is void and seek fair equalization of the property. Inform her that if she wants to negotiate, you expect a settlement that is going to SETTLE your issues so that you don't have to go through all of this again in a year.

You can see a lawyer for a 1 hour consultation either for free or for little cost; you can call the Law Society and get a referral to a divorce specialist lawyer for a free half hour consultation. Most lawyers will give you an hour.

Before you go get all your records in order to save time and answer the lawyer's questions in a few minutes, so as to make the most of your hour. Be clear with yourself what kind of settlement you want. Don't let your lawyer push you into reopening something that you are happy to leave settled. Feel free to insist with the lawyer that you liked the original agreement and you want it ratified so that it's legally binding, if possible (the child support clause cannot be binding.)

Don't throw away your house equity unless you get a binding settlement on spousal in return, along with a binding agreement on the mobility of the children. Your ex can move anywhere she wants, but she cannot arbitrarily move the children an unreasonable distance. It is reasonable for you to seek that the children remain in their original school district unless both of you agree to a move.

According to your numbers she has no hope of getting spousal support from you, but you do want a binding clause on this to give you peace of mind. You are in every position to stick to you guns here.