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Old 09-07-2014, 11:48 AM
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Hi there - after 16 years of marriage I was presented with my walking papers. We have a cohabitation agreement. Even though the agreement says I do not have a right to the matrimonial home - do I? In the agreement he protected all of his assets and has now become debt free, rich, hidden funds in a company and retired. I however have worked all this time have no assets and with legal bullying has even convinced FRO to withdraw their enforcement of the spousal support of the cohabitation agreement. Where do I start?
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Old 09-07-2014, 12:46 PM
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so it looks like both of you are not happy with the agreement you signed. It sounds like both of you want to pick and choose what parts to follow.

Was there anything in the agreement dealing what would happen in the event of marriage? If not that I am wondering if that is an angle you can use, that the marriage made the cohabitation agreement null and void? If he doesn't live up to his part of the agreement with the SS then maybe that will also make the contract null and void as he isn't doing his part of it.

Just throwing some things out there.
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Old 09-07-2014, 01:08 PM
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Thanks - the agreement is valid after marriage.
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Old 09-07-2014, 02:23 PM
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Was he ordered to pay SS? How did FRO get involved. I don't understand how he can convince FRO to stop enforcement. For FRO to be involved there must have been an agreement or order to start the enforcement?

Unfortunately this may be costly for you. You signed a contract and now that the marriage has ended you want to break the agreement. If you knew going into this you were not entitled to certain assets or whatnot, you cannot now claim you were blind sided and are now left with nothing.

I don't mean to sound harsh, but it is clear that this agreement was written up and signed by both of you. You cannot now decide not to follow it because the marriage ended, that was the whole point of it no? You may have to seek a lawyer to go through the agreement and see if there are any loop holes or something that would make the agreement null and void. I have read a few cases where the cohab agreements and prenups were thrown out because they were not done properly, maybe this will be your case too?

Good luck!
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Old 09-07-2014, 02:33 PM
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When you say that the agreement says you don't have "a right to the matrimonial home", do you mean a right to live there? Or do you mean a right to a share in the value of the marital home, as a joint asset?

And when you say you told FRO to stop enforcement of spousal support, do you mean that spousal support was already being paid and then you stopped it, or do you mean you agreed in your cohabitation agreement that you would not involve FRO in collection or enforcement?

I think you're really going to need a lawyer on this one. Like the other posters have said, it sounds like you signed an agreement which made certain assets off-limts to you in the event of the marriage ending - and now the marriage has ended. A lawyer would be able to tell you what rights you still have, and what rights you signed away.
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Old 09-07-2014, 02:42 PM
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I agree it would be smart to get some legal advice. In the meantime you could read up on "material change of circumstances." This is the common, legally permissible basis in which to revisit your separation/divorce agreement.

An experienced lawyer who works in family law will be able to critically examine your documentation and determine if your situation has merit. Sometimes even the most elaborately written agreements fall short of covering all issues, namely, those items not considered at the time when the agreement was drawn up and executed by you and your ex.
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Old 09-08-2014, 10:49 AM
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Unfair agreements get thrown out like rotten fruit.... there are so many ways to overturn it:
-Lack of legal advice
-High pressure situation
-Unconscionably unfair
-Hiding Assets/Information

The only thing guaranteed in a divorce is who you don't have to live with...
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Old 09-08-2014, 01:14 PM
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It depends on the wording of the agreement.

Again though, you signed it, you should live with it.

You might be able to get some parts of it overturned but it will not be easy, cheap or fast. It's also not a guarantee.
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Old 09-08-2014, 03:25 PM
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if the ex husband doesn't want to follow the agreement in regards to the SS how can he try to enforce other parts like the house? I wonder if she changed her mind on the house once he changed his mind on the SS?

I wonder also if because of the fact he doesn't want to follow it and she doesn't want to follow it if it could/would be thrown out due to this?

Its not just her who should live up to the contract, its him also.
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Old 09-08-2014, 03:35 PM
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The OP needs to have provided a lot more information about the situation in order to get better advice.
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