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Divorce Support This forum is for discussing the emotional aspects of divorce: stress, anger, betrayal of trust and more.

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  #21 (permalink)  
Old 10-14-2011, 03:29 PM
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[quote=CSAngel;77314]Judepude,

Please don't take the nastiness seriously. Sometimes you get great advice on here - other times you get nastiness. It's raining this week - perhaps it's put them all in a bad mood.

Good luck with your situation and please don't let it dissuade you from posting ags.
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Old 10-14-2011, 03:30 PM
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Thanks so much, I was starting to get a little discouraged with all the nastiness coming off the site. I joined for support not to get more depressed and scared.
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Old 10-14-2011, 11:58 PM
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Jude, you've got clear grounds for the initial prenup to be dissolved. If you didn't have ila when you signed, I would think it most likely it will be turned over.

Good luck!
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Old 10-15-2011, 11:01 AM
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An experienced lawyer will get the prenup set aside! Without a certificate indicating independent legal advice was obtained and the agreement reviewed and understood this contract has little weight.

Having you hastily sign this one week before your wedding might have been a fast move on his part.

What could also be ruled is certain sections of the agreement might be set aside and not the entire contract.

Without doubt in my view, spousal support will be granted, given the info you presented.

Good luck
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Old 10-15-2011, 12:40 PM
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Quote:
Originally Posted by staysingle View Post
..
Having you hastily sign this one week before your wedding might have been a fast move on his part.
Hastily sign?? She signed it 17 years ago and did nothing about it!

I'm not saying the OP is not entitled to something that is denied in the prenup as agreements, explicit or implied, may have happened over the marriage that would void some parts of the prenup.

For example if the prenup says no SS, but during the marriage you both decided to halt your career which put you at a financial disadvantage when the marriage ended, and that was not specified in the prenup, then SS may be reasonable.

However, you were in your 40's when you signed it. Saying you didn't understand it or read it is not true, you said this yourself that you read and understood it. So to run to the courts and have it overturned on the grounds you did not understand it and/or did not have legal advice, is a lie.
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Old 10-15-2011, 12:48 PM
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There are few cut and dry scenarios on here. Pre-nups don't hold up well. Only in Hollywood, it seems. Must have to do w/being millionaires. If a person does not get I.L.A. then there's not much merit to it, bottom line. I'm not a huge fan of the legal profession, but it is a necessary evil. I.L.A. is rule #1 for any "agreement"
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Old 10-28-2011, 01:34 AM
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Getting youi to quit your job 11 years ago was an event SUBSEQUENT to the pre-nup. Clearly, at age 59, and out of the work force 11 years by joint marital decision, you have been disadvantaged now that the marriage ends.

I think you should pursue SS with confidence.

And if your ex is WISE, he'll negotiate with you in good faith now.
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Old 10-28-2011, 05:26 AM
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Section 55(1) of the Family Law Act deals with Prenups. Nowhere does it mention anything about getting ILA or having to take the "advice" before the Agreement (Contract) is valid. ILA is what it is....Advice. Seems that a lot of Posters on this thread believe it is a requirement that you have to have ILA and take the Lawyers advice for agreements to be valid. ??? I disagree. What you are signing is a Contract, and if it meets the legal requirement of a binding contract, as set out in 55(1) FLA, it will hold up without IL Advice.
  #29 (permalink)  
Old 10-28-2011, 08:51 AM
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The party seeking to impute the income of the other party must put forth to the courts that the income is greatter than that which the other party is claiming, as well as bring to light any CASH money that the "op" makes, in their line of work. Further, the party seeking SS - and that is largely premised on the duration of the marriage - must tell how they ie; took care of the home/raising children etc, although having no children doesn't exempt a party from seeking SS. SS is based on 3 aspects in the Court's view; 1) contractual 2) compensatory and 3) non-compensatory, all of which carry detailed definitions. Finally, if the Court finds that the party seeking SS has been left at a financial disadvantage as a result of the breakdown of the marriage: it will be awarded. I just went through all this: I'm 43 - my SS was based on much of the above but b/c I am deemed to be able to overcome the stress of the litigation etc, and "become" self-sufficient, it was capped at 5 years. Better than nothing, and in the mid range of the SSAG (Spousal Support Advisory Guidelines) Good Luck, you should be successful in this regard.
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Old 10-28-2011, 08:58 AM
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Walshch: you are dreaming. They rarely hold up and circumstances change, esp over the course of many years. ILA is definitely mandatory in any contract. What's shocking: is the few posters who think its okay to have someone pull the "rug" out from under someone else and leave them high and dry. Pure Greed. It's a real shame to see what some people put their partners through. A lot of the nastiness ought to be a crime actually. But hey, this is Canada. Land of lax laws.
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