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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 01-19-2010, 09:51 PM
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Default Separation Agreement - valid or invalid

I have read and read and read and have not really found what I am looking for. My to-be-exwife's father created a separation agreement for us. I was under the impression that if I did not sign this, that she would take everything as I did not know my rights.

On this separation agreement, it does not actually say 'Separation Agreement'. It also does not say that we have both had the opportunity to see legal counsel before signing it and that it was signed without influence from other. From what I have gathered, this is not a binding agreement. At the top, the paper does say that this is a consensual agreement between myself and my ex and that we both wish for this agreement to be binding. From what I have heard though this does not make a difference.

This agreement was only witnessed at a notary, however no lawyer was ever involved on either side to help ensure everyone had full knowledge of their rights.

I now know that I am entitled to more than I thought and that she can't take everything, regardless of why we ended the marriage. We do not have children and were only together for about 6 years, and married for about a year and a half.

From what I have read, unless you have had legal representation, or at least indicate on the agreement that you have waived your right to such, this original thing that I was talked into signing is not valid.

Is this true?

Thanks.
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Old 01-19-2010, 10:58 PM
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The separation agreement isn't valid in as much as it's not FINAL, but it does hold a lot of sway in court.
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Old 01-19-2010, 11:02 PM
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IMO, that agreement will be set aside in a heartbeat. You weren't properly represented and the ex's father wrote it. Hardly objective.

Was it witnessed? Even if it was, I can't believe that agreement will stand up in court.
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Old 01-20-2010, 12:13 AM
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The agreement is invalid.
Get a lawyer and start negotiating.

FN
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Old 01-20-2010, 01:47 AM
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It may be looked at by the courts. But if it grossly one-sided at you didn't have legal counsel to review it, I would say there's an excellent chance you can have it tossed.
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Old 01-20-2010, 11:00 AM
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So here is the thing, on this document the wording is as follows:

Whereas both have disolved their marriange.
Wheras the partioes seek to have a formal but consusual agreement regarding all assets acquired during their marriage.
And wheras the parties wish this agreement to be binding and legal.
Therefore be it resolved that the following agreement be in force from the date of signing.
Be it further resovled that this document will be signed in the presence of a Notary Public.
Be it further resolved that the following points representt complete closure with respect to any financial obligations, property or liens on said property between/to ... and ...

The Agreement
The property known as .... in the city of ....
1) Property shall be occupied by ..(ex)..
2) ..(ex).. will assume responsiblity related to eh maintenance, mortgage, insurance, utility bills and property taxes.
3) ..(me).. has no right of entry to the property noted above.
4) ..(me).. will not use this property as security on any future financial transactions or cause there to be a lien applied to this property unless to acquire representation for divorce related proceedings.
5) ..(me).. is to have over any keys he has in his possession for the property.
6) Six months prior to the expiry of the current mortgage term ..(ex).. will attempt to refinance the mortgage as sole owner or with her partner at that time.
7) ..(me).. agrees to remove his name from the present mortgage at the time of mortgage renewal.
8) Upon the date of this renewal ..(ex).. agrees to forward the sum of ..... as compensation.
9) The decision to sell the property due to the failure to acquire a mortgage by ..(ex).. or a decision made soley by ..(ex).. to sell the house prior to the renewal will result in ..(me).. receiving fifty percent of the proceeds to a maximum of .....

Credit Cards/Loans
1) ..(ex).. will be solely responsible for all amounts owing on her .... mastercard.
2) ..(me).. will be responsible for his .. Visa

Motor Vehicle

..(me).. takes sole ownership of the 2006 Honda Civic (VIN ...). This vehicle is financed and will remain in both parties' names as long as the mortgage remains in both parties names. ..(me).. will be responsible for all finance payments, repairs, insurance and maintenance costs associated with this vehicle.


By signing this agreement both parties agree that any previous afreement in regards to propert and monetary assignment be replaced by this agreement effected date of signing.

This agreement is signed on this date in the presence of a Notary of Public.
(Signature of Notary)

... Signature of Ex .... .. Signature only witnessed by Notary.. Notary Signature..

... Signature of Me ... .. Signature only wintesses by Notary .. Notary Signature..
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Old 01-20-2010, 11:02 AM
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With this being said, as you can see nowhere does it say "Separation Agreement". My copy from the Notary office doesnt even have a date by our signatures as there is no place for one. There is no date on this document copy that I have. How does it look?
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Old 01-20-2010, 01:33 PM
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The same as it did before you posted it.
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Old 01-20-2010, 01:34 PM
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Thanks dadtotheend.
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Old 01-20-2010, 09:24 PM
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You need a lawyer, simple as that. This have nothing to do with if it states it is a separation agreement, whether or not either of you had legal representation NOR if you got the short end of the stick. This was a contract and you would need your lawyer to make the advice as to whether or not such a contract was enforceable (legal and binding)under the court of law. It is that simple, sad as it is.

The lawyer can usually help when the other side is willing to not have the contract recognized in the courts and they will thus begin to negotiate with you.
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