Ottawa Divorce .com Forums


User CP

New posts

Advertising

  Ottawa Divorce .com Forums > Main Category > Political Issues

Political Issues This forum is for discussing the political aspects of divorce: reform to divorce laws, men's rights, women's rights, injustices in the divorce system, etc.

Closed Thread
 
LinkBack Thread Tools
  #1 (permalink)  
Old 01-26-2008, 02:39 PM
Member
 
Join Date: Mar 2006
Location: Ontario
Posts: 84
Mikesgal is on a distinguished road
Default does anyone know?

My spouse's ex drew up a separation agreement a few years back and now we were wondering if anyone has any information on changing the exsisting agreement..there were many things placed on this agreement that havent' been kept up by the spouse that drew it up and some really wild expectations written by her that make no sense at all ie she wants to be full beneficiary on any and all life insurance policies and any future policies my husband gets..we want to go to a lawyer and see about changing it but don't know if we are able to and how much it will cost to do this ( to me cost is no factor for the riduculous requests she has made) cs has never been an issue and has been paid by means of post dated cheques the entire time..any info would be greatly appreciated..
  #2 (permalink)  
Old 01-26-2008, 04:19 PM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,201
standing on the sidelines is on a distinguished road
Default

So if I get you right, the spouse the drew up the agreement has not lived up to their part in it? I am thinking that if it wasn't done with witnesses etc then maybe it isn't enforceable. To demand to be the benificiery on all insurance policies past, present and future seems a little off the wall.

Was the document signed by both parties, etc?
  #3 (permalink)  
Old 01-26-2008, 08:15 PM
Member
 
Join Date: Mar 2006
Location: Ontario
Posts: 84
Mikesgal is on a distinguished road
Default

yes the document was signed by both parties and witnessed by a mutual friend to them both..at the time of signing the ex had just split up from my husband and he was so distraught that he figured that if he signed it then it would entice her back..I told him he needed to get proof of him ending up in the hospital and present this to a lawyer as to show his state of mind at the time of signing..she had provisions that she would take out life insurance in case something happped to her which was not done as well as pay off lines of credits which my husband has been paying off because his name was on them too...are there any links to which I may find some answers? oh one more thing...how long is the agreement in force for? until the child turns 18?
  #4 (permalink)  
Old 01-26-2008, 10:37 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

If the spouse that drafted the agreement is not living up to its terms; I would have to think that they have a rather weak stance to enforce certain aspects as they see fit.

lv
  #5 (permalink)  
Old 01-27-2008, 10:02 AM
Senior Member
 
Join Date: Dec 2006
Location: Kitchener Ontario
Posts: 5,201
standing on the sidelines is on a distinguished road
Default

I am thinking that a judge would throw it out of court. She cannot hope to have it enforced when she is breaking the conditions herself. I think a judge would find in your favour. Get all the info you need and then hit the courts.

Very wise lesson here. NEVER sign anything that you do not agree with, especially with the hopes that the soon to be ex may come back if you do it. You have to look out for your kids first and yourself second. I cannot understand why the mutual friend would even let this happen. They had to know how much your partner was torn apart and at that time maybe having a very hard time with it and not thinking clearly. I wonder it the friend was working more for her?
  #6 (permalink)  
Old 02-01-2008, 10:39 AM
Junior Member
 
Join Date: Sep 2006
Posts: 27
seekinganswers is on a distinguished road
Default

a judge told us that you can't pick and choose which parts of an agreement you want to honour ...

I imagine if it wasn't ever court endorsed, it would be easier to get it changed also.

I also can't imagine he's under any obligation to make his ex beneficiary on ALL insurance - just enough to cover support obligations for a the expected length.
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 Off
Trackbacks are On
Pingbacks are On
Refbacks are On



All times are GMT -4. The time now is 03:56 PM.