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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 10-11-2005, 05:38 PM
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I am speaking on a diffenrent matter..Me and my husband had been married sinse '96 and I had two children when I met him and he has raised them sinse they were 2 and 3..Recently we have been experiencing some problems and decided that maybe a temporary seperation was in hand, So in return with hopes of being able to resolve these issues he had asked me if I would sign an agreement stating that I would not persue support, so I did...Out of diress and not wanting to give up our marriage. He had turned around and taken or residency with another woman...Do I have any right's?? What do I do now???I haev been tricked into this, and feel helpless as he laughs at me... Has anyone ever been through this , and if so what was the outcome ???Help!!
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Old 10-11-2005, 07:37 PM
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Was the agreement witnessed ? Does it say it is a separation agreement that it will survive divorce? Does it say it is binding? Does it deal with all the issues including property? was the document professionally prepared?
If the agreement is unjust, the courts have been known to overturn it and there is clauses in the family law act that deal with separation agreements.
If you signed when under diress, do have you medical proof...visits with a dr ?etc that say you were under pressure. Family mebers friends counsellors? Most separations agreements have to state that it is a separation agreement and will refers to ie family law act of ontario and the divorce act of canada Also to make the agreement binding you both parties have to give full and frank financial disclosure upfront before it is signed and agreed to. Both parties have to exchange these documents before the agreement is legal.
Speak to a lawyer ASAP
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Old 10-11-2005, 07:40 PM
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Hi Confused,

Sorry to hear about the situation you’re in. Whether a separation agreement is valid is a complicated question that may be worth seeing a lawyer about. I’ve written up something here about the validity of marriage contracts, but the considerations for a separation agreement are similar:
http://www.marriage-contract.ca/validity.shtml
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Old 10-11-2005, 07:42 PM
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I also meant to say that it really depends on what issue you want to re-open. If you want to change support, you may not need to argue that your separation agreement is invalid. It may be enough to show that there has been what’s known as a "material change in circumstances" which may justify a change in support
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