Cancelling Separation Agreement

[Fix Johnson]

HI There,

I was kicked out of our home by my wife for not talking to her when she wanted me to. We had had an argument and we were both not talking to each other, then she freaked out and called the cops, who could do nothing because nobody had done anything. Anyway, I moved out I was so pissed off over calling the cops.

After about 6 weeks she had her lawyers send me a separation agreement, this really sent me for a loop. I got pissed, had not drank in 10 years but this sent me over the edge. Anyway I signed the agreement and my Mom witnessed it, even though I was drunk. Not even sure how she got the agreement after that but she did, and i never went to a lawyer.

So after that we kind of got back together and this has gone on for over 2 months and i paid her 500 a month for a couple of months to help pay bills because we were seeing each other and staying at each others places.

Anyway her daughters got involved and threatened her that they would not see her again if we got back together. The both have their own places but they are really spoilt and my ex couldnt handle that. So she dumped me about 5 times, she would come back and see me and then freak out about daughters and end it and kept this going on for 2 months. Up and down like a yo yo. Anyway, last week she got caught going to see me and her daughters ripped her apart, kept phoning and threatening etc until she agreed not to see me again.

So now I am wondering about this separation agreement. I only signed it because I was drunk and pissed off and didn't do anything about if because we were getting back together. So now what can I do. I will be losing out on 1/2 the house and we were married for 2 years.

Help, need some advice

Fix

[wmike]

Hi Fix.

I suggest that you be patient and wait until "LV" - Legalvelocity responds.

In the past he has more then once mentioned too me that a Separation
Agreement maybe considered NULL & VOID via the "Family Law Act" if full financial disclosure has not been made by either party or one party has signed without true legal representation and legal advice.

wmike

[Decent Dad]

You could also search this forum (try to give LV a break once and a while).

A quick search on separation agreement found this:

http://www.ottawadivorce.com/forum/s...ion+agreements

Separation agreements are a funny thing. Since it is not court ordered (or finalized), and depending on some of the wording in it, by simply contesting the divorce the whole thing may get tossed anyway. Not saying that will happen, but it did with me.

[logicalvelocity]

Fix Johnson,

I echo what "wmike" mentioned:

Separation
Agreement maybe considered NULL & VOID via the "Family Law Act" if full financial disclosure has not been made by either party or one party has signed without true legal representation and legal advice.

and further echo what "DecentDad" has mentioned:

Since it is not court ordered (or finalized), and depending on some of the wording in it, by simply contesting the divorce the whole thing may get tossed anyway.

In your situation, I do suspect that you have grounds to contest the separation agreement as you mentioned you were under the influence. Have your witness affirm this fact of your condition as they witnessed the act of you signing. I do suspect on this ground alone the agreement could be set aside and seen as void.

lv

[Fix Johnson]

Thank you all very much for you answers and advice. I actually have an appointment with an attorney on the upcoming Wednesday and she told me over the phone if I had statement from witness that I was under the influence that it would nullify the agreement. So you guys are right on.

Thanks for your help,

Fix