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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 12-19-2016, 03:37 PM
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I wanted to start off by saying thanks to everyone for always the great help and support.

As you can see from my last post her Lawyer has sent me threats about spousal and my old agreement and making it null and void, People have indicated to keep dragging this out , he sent me a whole new agreement and I replied with things i did not agree with. Would everyone suggest I just ignore 100%. Some have suggested by dragging this out as much as possible.

Just looking to make sure I do the right thing ?
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Old 12-19-2016, 06:42 PM
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Quote:
Originally Posted by zanman View Post
I wanted to start off by saying thanks to everyone for always the great help and support.

As you can see from my last post her Lawyer has sent me threats about spousal and my old agreement and making it null and void, People have indicated to keep dragging this out , he sent me a whole new agreement and I replied with things i did not agree with. Would everyone suggest I just ignore 100%. Some have suggested by dragging this out as much as possible.

Just looking to make sure I do the right thing ?
Not too familiar with spousal support issues but I know that agreements don't just become null and void unless there has been a material change justifying them to be terminated/changed or if they are ordered to be expired after a set time.
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Old 12-19-2016, 11:40 PM
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If they do seek to set aside the contact, be advise they will be relying on s.56(4) of the Family Law Act (assuming this is Ontario).

Quote:
(4) A court may, on application, set aside a domestic contract or a provision in it,

(a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;

(b) if a party did not understand the nature or consequences of the domestic contract; or

(c) otherwise in accordance with the law of contract. R.S.O. 1990, c. F.3, s. 56 (4).
Demonstrating a material change is not relevant here.

Despite the advise of others I can't imagine dragging it out is a wise move; it's likely only going to result in a court. Either negotiate to an agreement that is fair (based on the other thread what you guys signed wasn't), or be prepared to go to court. There's a chance they won't file an Application, but you're rolling the dice.
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Old 12-20-2016, 10:15 AM
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Originally Posted by Kinso View Post
but you're rolling the dice.
A judge told me to roll the dice one, and then said "OR NOT!".

I rolled the dice, and I won.
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Old 12-20-2016, 02:44 PM
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I guess the whole thing is hard because it's been almost 3 years and now some one can come back and seek spousal. I have no issues making amendments to the agreement but I have an issue with the spousal part. I guess my main question is should I even be talking with the lawyer until he files an application ? She agreed to our agreement and we even had 3 months between when we did till the date we met with a lawyer to have it notarized .

Like I said we could have things added to our agreement but the whole reason this is all happening is because she wants spousal.
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Old 12-20-2016, 02:48 PM
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Quote:
Originally Posted by zanman View Post
I guess the whole thing is hard because it's been almost 3 years and now some one can come back and seek spousal. I have no issues making amendments to the agreement but I have an issue with the spousal part. I guess my main question is should I even be talking with the lawyer until he files an application ? She agreed to our agreement and we even had 3 months between when we did till the date we met with a lawyer to have it notarized .

Like I said we could have things added to our agreement but the whole reason this is all happening is because she wants spousal.
Tell her lawyer you will seek independent legal advice and get back to her. then take your sweet ass time consulting with lawyers. Consult with at least 3 -5, mix of female and male, hear what they all have to say. Do your own research, chat here, line up your ducks, and execute your plan.
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