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Financial Issues This forum is for discussing any of the financial issues involved in your divorce.

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Old 11-03-2008, 05:55 PM
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Default separation agreement and long separation

Hi,
I'm looking for information regarding general practice on separation agreement in an uncontested divorce.
We've been separated for about 3 years but still live together (we have a son to educate). We divided out assets and agreed upon household/child expenses at that time. Other than that, we live financially independently.
We also going to proceed living together for a while.
We try to explain this situation in the separation agreement.
My question is what could be circumstances at which a court disregards our agreement and enforces it's own numbers on CS and SS, orders accounts check, etc?Does a reasonable agreement content means anything for a judge?
We cannot afford lowers, but all other formalities will be fulfilled (like witnesses).
Appreciate your help.

Thank you
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Old 11-04-2008, 05:59 AM
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I always thought that the table amounts for CS were used and not whatever the two parents come up with. I am probably wrong on this.

By the way congrats on having what seems to be a dream divorce. If only more couples could act like the two of you. My hat is off to you for going about this in the most mature and sensible way.
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Old 11-04-2008, 10:40 AM
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The CS tables were put into place when neither party could agree upon the amount due.
There is not set rule that the parties cannot agree upon a different amount, similarly with all other issues.
The only time that a court would look at an agreements validity would be if one party felt that it was not fair and they wanted to change something but the other party would not.

I copied this from one of LV’s posts.
________________________________________
The separation agreement can be set aside and may not be considered legal and binding by the court if:

Firstly, full and complete financial disclosure does not occur between the parties;

Secondly, each party did not seek independent legal advice; and,

Lastly, the Separation agreement is not witnessed properly.

_______________________________________________
Thanks LV
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