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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 10-22-2009, 08:50 PM
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Default Help i don"t understand!!

Hi I have been in a commonlaw relationship with no children. I had a seperation agreement made by a lawyer and she signed it ( received what she wanted at the time) 2 years ago with no lawyer however in the agreement it states that she is refusing the right of a lawyer and not signing under duress. This was stated just above the signatures. I had it witnessed by a family member because thats all I could get at the time. I have received court documents that they are trying to have the agreemnent dropped by the courts and now find myself back in case conferences. She says she didn't understand what she was signing..................... What is going one here, she signed it and now she is coming back on me? She has a legal aid lawyer and I have to pay big money for mine. This is not right. What are her chances of having this agreement dropped. We broke up during the relationship for 4 months and it was an on and off one after that.
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Old 10-22-2009, 11:07 PM
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I'm sorry but it doesn't look good. Separation agreements are only strong in court only if both parties have had independent legal advice. She can't sign away her right to that.
The lawyer you had should have told you that. That is malpractice.

FN
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