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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 06-27-2012, 12:07 PM
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Default statute of limitations

am I correct that there is a 2 year statute of limitations in terms of renegotiating a separation agreement, in whole or in part, from the date the judge granted final divorce?

items not included in the separation agreement such as spousal support, wsib pension I am now being threatened with the ex may now want included.

iamjec
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Old 06-27-2012, 01:03 PM
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I don't believe there is.

However, the ex's argument will have to be that certain financial information was not disclosed adn therefore not included in the agreement.

Another argument could be that they were coerced into signing or signed under duress.

Did each of you have independant legal counsel or at least receive independant legal advice? This will also factor into whether or not the agreement should be upheld.
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Old 06-27-2012, 01:13 PM
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we used the same council, he WAS a friend of the family and is now the fiancee of my ex. good thing he is a patent lawyer and not family or divorce knowledgeable. I could be the one misrepresented, it was my ex that filed and I did not contest. Very simple very easy divorce, I pay my CS and rarely hear from here (for the most part)
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Old 06-28-2012, 08:20 AM
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Quote:
Originally Posted by HammerDad View Post
I don't believe there is.

However, the ex's argument will have to be that certain financial information was not disclosed adn therefore not included in the agreement.

Another argument could be that they were coerced into signing or signed under duress.

Did each of you have independant legal counsel or at least receive independant legal advice? This will also factor into whether or not the agreement should be upheld.
The only limitation is that any change brought forward is on a "material" change in circumstance. There is no set limitation and if a party brings forward an application on a "change in circumstance" and does it correctly and has sound cogent and relevant evidence to the change it can change. Especially if children are involved.

Good Luck!
Tayken
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