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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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  #11 (permalink)  
Old 02-03-2017, 02:54 PM
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Thanks Arabian

I'm not sure if she has legal aid Lawyer, I'm not sure if you can get legal aid when she has $70.000 in savings and $45,000 in RRSP. Her mom also advised me she gave her money for a Lawyer. ??

I paid her out of the house by breaking the mortgage and refinancing it. I've also had to do it once again since then because of bills and car problems in which I fell behind. But I'm doing ok now not allot left over at the end of the month but I my kids are more important then me.

The Mortgage Company referred us to Lawyer at the time when I renewed and refinanced to buy her share.

She actually has more education than me , High school Graduate and some courses to become fitness instructor from what I'm being told but has yet to move from her job at Min wage ? or even try to get something more

I know what you mean about the Lawyers, I have had one and when I indicated I was having money issues keeping up he said then lets just ignore her and her Lawyer??? hence why I am self rep.

We did not have separate Lawyers we did the agreement then gave each other 2 months before to seek legal advice if we wanted in which she did not nor did I . met with a Lawyer and had it signed and notarized. We did not have any money at the time. I'm by no means a big money maker my base salary is 67,000 with a company PIP program every month in which the amount changes every month. I made 84,000 last year.
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Old 02-03-2017, 03:18 PM
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So do you have anything in writing where you both knowingly waived ILA (the two-month cooling off period)?

Is there anywhere in your refinancing documents where you stated you were dividing the equity in the home due to pending divorce/separation? What province are you in? (Alberta has a matrimonial property act). Did the mortgage company require you to obtain a real value appraisal (bank appraisal that cost you money - not a real estate appraisal)?

You are correct, with her savings she would not be getting Legal Aid certificate (that's a good thing for you).

Have either of you filed an application for Divorce or were you common-law?
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Old 02-03-2017, 03:26 PM
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for what does she need SS fort if she has been self sufficient and working full time since separation?
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  #14 (permalink)  
Old 02-03-2017, 03:40 PM
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In our agreement it states that we both have the right and have chosen to waive or have sought independent before the signing of this.

It states in our agreement also that I will purchase her share of the home for $70.000

I live in Ontario

I will have to go through the paper work I think the mortgage company did an
appraisal so that there was enough money to borrow from. The mortgage company wanted a copy of our agreement as well.

I have not filed a application for divorce
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Old 02-03-2017, 04:40 PM
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I just went back into one of your previous posts and extracted a blurb (very important one at that) that you said was in your separation agreement:

"...This agreement adequately and completely provides for the present and future needs of the husband and wife, and each covenants and agrees that the arrangement herein described constitutes a full ,complete and final settlement of all rights, causes, claims , and demands with respect to support and property..."

You were advised by a lawyer that you were both waiving your right to independent legal advice and you had the separation agreement notarized.

She accepted the terms of the agreement and you paid her 50% of the appraised value of the matrimonial home.

I would ignore the lawyer. Her lawyer could be maximizing the file before letting her down (telling her reality of her situation and requesting substantial retainer should she wish to go forward).

You were cautioned beforehand about what you put in your emails. I think it is important you continue to exercise caution. Do not agree to anything.
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Old 02-06-2017, 10:04 AM
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Thanks again Arabian
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