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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 07-04-2010, 05:20 PM
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Default Separation Agreement

I have a Separation Agreement with my Ex that was done up in 2007. It has many areas that involve our child. I had my own lawyer and my ex had one as well so we both recieved independant legal advice during all of the agreeement.

My ex is now claiming that the Separation Agreement is "not sealed" and feels that it does not need to be followed regarding things to do with our child.

I filed for divorce in 2008 and submitted a copy of the Separation Agreement with the paperwork for the divorce when I submitted it to the courts and the divorce was finalized and signed by a Judge later that year.

So I am just wondering how exactly a Separation Agreement is "sealed" and if me submitting it with the courts and the Judge reviewing it and signing the divorce based on the Separation Agreement makes it sealed.
Also, is the Separation Agreement a valid signed document either way that is a contract between the both of us that needs to be followed? As Is said it was not just some Agreement we did up on our own and signed in front of each other, it was close to a year in getting it all done as it was done back and forth between both of our lawyers and it has been signed by both of us and our lawyers as well.

Thanks for any help!
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Old 07-04-2010, 05:58 PM
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This is the fallacy of our court system.
When I filed my separation agreement in Provincial Court, It was accepted and stamped and filed.
8 years later, everyone from lawyers to Counselors are boggled that this was actually accepted by the court. The whole document is a joke and I could have put in there blah-blah, blah. Nobody cares.
Then I filled in Supreme Court. This time a judge actually looked at it and said something.
The question I have is which one do you follow?
My two agreements are different.
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Old 07-04-2010, 07:26 PM
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Mine was filed with the Supreme Courts when I filed for my divorce. So a Judge has looked at it along with the paperwork for the divorce and it was attached to the divorce which was "stamped/sealed" so would that mean that the Separation Agreement is now stamped and sealed as well?
And regardless.. is it not a legally bound agreement since it was done with lawyers and signed by all parties?

So what happened to make you change from Provincial Court to Supreme Court? And what is the difference between the two?

I am only wanting to cover my bases on this as I know at any given time my ex has been known to all of a sudden try to pull something. As of right now all is settled and calm, but I just wanted to know this for my own information.

I will get in touch with my lawyer on this to make sure I get his input on it as well.

Thanks for the response.
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Old 07-05-2010, 09:56 AM
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Quote:
Originally Posted by Roni View Post
This is the fallacy of our court system.
When I filed my separation agreement in Provincial Court, It was accepted and stamped and filed.
8 years later, everyone from lawyers to Counselors are boggled that this was actually accepted by the court. The whole document is a joke and I could have put in there blah-blah, blah. Nobody cares.
Then I filled in Supreme Court. This time a judge actually looked at it and said something.
The question I have is which one do you follow?
My two agreements are different.

I'm not sure that Supreme Court is where you're handling your family law matters, more likely Superior Court?
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Old 07-05-2010, 10:11 AM
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Quote:
Originally Posted by Mouse_117 View Post
I have a Separation Agreement with my Ex that was done up in 2007. It has many areas that involve our child. I had my own lawyer and my ex had one as well so we both recieved independant legal advice during all of the agreeement.

My ex is now claiming that the Separation Agreement is "not sealed" and feels that it does not need to be followed regarding things to do with our child.

I filed for divorce in 2008 and submitted a copy of the Separation Agreement with the paperwork for the divorce when I submitted it to the courts and the divorce was finalized and signed by a Judge later that year.

So I am just wondering how exactly a Separation Agreement is "sealed" and if me submitting it with the courts and the Judge reviewing it and signing the divorce based on the Separation Agreement makes it sealed.
Also, is the Separation Agreement a valid signed document either way that is a contract between the both of us that needs to be followed? As Is said it was not just some Agreement we did up on our own and signed in front of each other, it was close to a year in getting it all done as it was done back and forth between both of our lawyers and it has been signed by both of us and our lawyers as well.

Thanks for any help!
Here's the thing, your agreement is only worth the paper it's printed on, and sometimes not even that! Even if you had this all done in front of a Judge, any party can go in at any time and ask for a variance of the order. Now depending how much time, money and the issues you or the other party have, most likely anything to do with the children will not change as status quo will prevail. Now if someone can demonstrate 'material change', then maybe you might get a judge to look at it, pending your gender and what the material change is and how it relates.

But all of this is not cheap, unless you're representing yourself, but even so, if an argument is made in front of the judge, whichever party loses, may and most likely will have to pay some sort of costs to the other.

Before you bring or anyone brings in a motion, you should try to negotiate with the other party, like putting in some kind of offer and record their answer, this may help in dealing with costs later.

I'm no expert by any means, and I'm sure if I'm way off base here someone will let you know..
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Old 07-05-2010, 04:40 PM
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Quote:
Originally Posted by LostFather View Post
I'm no expert by any means, and I'm sure if I'm way off base here someone will let you know..
It all sounds good to me!
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Old 09-18-2010, 03:37 PM
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If things have been working as per the agreement since 2007, then there is substantial status quo built up, and it will be harder for the other side to disregard what has been happening.

Since it was put before the courts, and a divorce granted based on the agreement, then yes it is recognized by the court, however what you should have gotten was an order based on the agreement. You may need to go to court and have the original agreement put into the form of an order. However the other side will have an opportunity to argue why the agreement is not working now.
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