Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law

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

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 06-08-2006, 10:54 AM
Junior Member
 
Join Date: Jun 2006
Posts: 5
r-u-sure is on a distinguished road
Default Separated for 3 years...finally signed agreement...

Good morning, all.

My ex and I have been separated since June of 2003 and living apart since then.

We recently formalized our separation agreement, this week as a matter of fact. We finally formalized the separation agreement to clearly state the division of assets and liabilities. This was one of those do-it-yourself kits you find at the local Coles or Chapters. Both of us signed and witnessed each other. There is no animosity...we just wanted the formality of the agreement.

I guess the question is, how do these hold up in court, if there was ever a challenge?

The second question is, although we have been living apart for almost 3 years, but have just signed the separation agreement, can I immediately file for an uncontested divorce?

Thanks in advance...
  #2 (permalink)  
Old 06-08-2006, 11:05 AM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,944
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

r-u-sure,

welcome to the forums


Quote:
We recently formalized our separation agreement, this week as a matter of fact. We finally formalized the separation agreement to clearly state the division of assets and liabilities. This was one of those do-it-yourself kits you find at the local Coles or Chapters. Both of us signed and witnessed each other. There is no animosity...we just wanted the formality of the agreement.

I guess the question is, how do these hold up in court, if there was ever a challenge?

The second question is, although we have been living apart for almost 3 years, but have just signed the separation agreement, can I immediately file for an uncontested divorce?


It is best if you have a third party to witness the signing and perhaps a forth party witnessing the third party.

Did each party give full financial disclosure to the other, if not the agreement could be treated as void.

I am always cautious and skeptical about those generic do it yourself kits. Sometimes they are written for American laws and not so much laws in Ontario.


You have been separated for 3 years, yes indeed you can file for an uncontested divorce. Moreover, you can JOINT file for divorce. This in itself shows that there is no outstanding issues.

lv
  #3 (permalink)  
Old 06-08-2006, 11:54 AM
Junior Member
 
Join Date: Jun 2006
Posts: 5
r-u-sure is on a distinguished road
Default

Thanks for the forum.

I believe full disclosure of finances has been made.

I do not have a great deal of money, but I did provide her with a statement of accounts from my bank prior to signing the separation agreement as well as noting on the separation agreement all of my outstanding debts.

I agreed to transfer my RRSP's to her, once she has setup the appropriate account with her bank.

I have also contacted my pension plan company and advised them that we are separated and they will be forwarding me a copy of what I can give her.

The above noted RRSP's and the pension forwarding to her were noted in the separation agreement.

All we had together were household furnishings and personal possesions, which were split three years ago when we went our separate ways.

As we rented, there was no matrimonial home to be sold.

The separation agreement was just tying up the financial loose ends.

I had given her a lumpsum of money already, also noted in the agreement.

In the agreement, I noted that she is not liable for any financial obligations and she of me.

There is no alimony to be paid.

Thank you for the advise on the divorce.

Now, here is the tricky question. Is it adviseable to get one of these do-it-yourself form packages from a legal firm and proceed in that manner or is it more adviseable to proceed through a lawyer? The reason being is that neither of us can financial afford full-time legal representation. She does qualify for legal aid, but I do not.

With much thanks...
  #4 (permalink)  
Old 06-08-2006, 12:02 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,944
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

r-u-sure,

its appears you have an amicable situation and everything has been resolved. Legal aid will not provide your ex legal coverage for a Divorce.

In Ontario there is fees involved for a divorce. Since you are in agreement, you can JOINT file for divorce together.

If your in Ontario, visit the local court house and pick up the necessary forms at the Family Law Information centre. Most court hourses have an office.

lv
  #5 (permalink)  
Old 06-08-2006, 01:11 PM
Junior Member
 
Join Date: Jun 2006
Posts: 5
r-u-sure is on a distinguished road
Default

Thanks LV.

Do I need the original Marriage License to apply for a divorce?

With much thanks...
  #6 (permalink)  
Old 06-08-2006, 02:19 PM
Moderator
 
Join Date: Oct 2005
Location: Ontario
Posts: 3,944
logicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura aboutlogicalvelocity has a spectacular aura about
Send a message via Yahoo to logicalvelocity
Default

r-u-sure,

yes you will need your marriage certificate of registration to prove you are married before a divorce is granted.

Apparently - you can apply on line now for these and the ministry has streamlined the process so it doesn't take 6 months but only a few weeks. I read that in the paper last week. I haven't checked it out personally.

lv
  #7 (permalink)  
Old 06-08-2006, 03:11 PM
Senior Member
 
Join Date: Jan 2006
Posts: 479
Decent Dad is an unknown quantity at this point
Default

First, congratulations on working this out yourself. You probably just saved about $40K.

I just want to echo what LV said. Have the signing of the documents witnessed and dated. Also both parties should intial each page and both parties should have a signed copy. To make it easier, it really helps if you apply jointly.

I will add that under our Family Law system, you are never 100% protected from future litigation. And agreements, whether self-made or mediated are always open for "interpretation". It will always depend on the Judge-de-jeur on whether the agreement sticks. The tighter the agreement, the better.

Also, by paying lump sums, you are not eligible for any tax savings.

I wish you the best and I hope you have a clean break after the divorce is granted.
  #8 (permalink)  
Old 06-08-2006, 04:44 PM
Lindsay's Avatar
Senior Member
 
Join Date: Oct 2005
Location: Ottawa, Ontario
Posts: 378
Lindsay has a spectacular aura aboutLindsay has a spectacular aura aboutLindsay has a spectacular aura about
Default

r-u-sure,

In regards to obtaining a divorce, please have a look at the following threads. One discusses the differences between a joint and simple UCD, and the other contains a post from Jeff explaining why he does not recommend joint UCDs.

While your situation sounds extremely amicable, please consider the simple UCD before moving forward.

Lindsay
Closed Thread


Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is On
Trackbacks are On
Pingbacks are On
Refbacks are On


Similar Threads
Thread Thread Starter Forum Replies Last Post
Marital Agreement jojo Financial Issues 7 07-01-2006 12:18 AM
Agreement finally settled - why am I so sad? lydster Divorce Support 9 04-06-2006 05:38 PM
Could I change signed agreement? sco44 Divorce & Family Law 4 01-04-2006 02:10 PM
When does a signed seperation agreement take effect hubby Divorce & Family Law 16 12-05-2005 12:00 PM
22 years separated love to help Divorce & Family Law 7 11-28-2005 06:21 PM


All times are GMT -4. The time now is 10:29 AM.