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 06-15-2006, 10:13 AM
dvr dvr is offline
Member
 
Join Date: Jun 2006
Posts: 33
dvr is on a distinguished road
Send a message via MSN to dvr
Default When is a SEPARATION AGREEMENT an Agreement

I have spent hours at a meeting with my lawyer at that time (I am self represented now)my wife’s lawyer and three other people two of them accounts trying to come to an agreement on what would be put into a SEPARATION AGREEMENT. I signed a power of Attorney in the advent that an agreement was signed that my lawyer would be able to act if something happened to me. I did this in good faith with the expectation that an agreement would be reached. This took place back in September 2005.
I felt that based on what I understood of the proceeding at this meeting that an agreement was achievable. A Draft Minutes of Settlement was prepared by my wife’s Lawyer and sent to my lawyer by fax with a letter attached from my wife’s lawyer asking that the Draft minutes of settlement be reviewed. My Lawyer sent me a copy of the Draft minutes of Settlement.
I reviewed these Draft Minutes of settlement and found issues that I didn't recall be discussed and would not agree to them .When the minutes were drafted in legal terms it was not at all what I understood was to be the make up of this agreement . It was in my opinion a one sided agreement in favor of my Wife. I sent a letter stating this and that I did not agree to this Draft minutes of Settlement on the day we met in my wife’s lawyer’s office or now.
My wife’s Lawyer is saying that in fact I did agree to the terms of the Draft minutes of settlement and everybody at that meeting agrees with her .My wife;s lawyer is asking the court to order that the agreement be valid even though I did not sign it or agree to it.. I did adjust the agreement to the way I can agree with it and in March of this year I excused the agreement and sent it to my wife’s lawyer. This agreement as amended by myself was not acceptable.
What are the chances that the court would ever agree with them that an enforceable agreement was reached?
  #2 (permalink)  
Old 06-15-2006, 06:23 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

dvr,

I would think that if the draft minutes of settlement was not signed by you and witnessed, then the draft is just that "A draft". Why present a DRAFT to you for consideration? Moreover you mentioned,

Quote:
I sent a letter stating this and that I did not agree to this Draft minutes of Settlement on the day we met in my wife’s lawyer’s office or now.
Don't be bullied or intimidated by your wife's lawyer. I think you wife's lawyer will have a difficult time proving that you agreed to the terms of the draft minutes of settlement in light of the fact that it is a draft and you have never signed it.

I would hold your stance.

lv
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
separation agreement Mikesgal Divorce & Family Law 11 06-05-2006 09:26 PM
Separation Agreement Troubled Divorce & Family Law 2 05-27-2006 11:40 PM
Changes to Separation Agreement LookingforAnswers Financial Issues 4 12-11-2005 11:36 PM
Cost of a separation agreement Stormy Divorce & Family Law 4 12-04-2005 07:46 AM


All times are GMT -4. The time now is 08:46 PM.