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  • Seperation Agreements

    My husband and I signed a seperation agreement,he and I signed then I took it to a friend of mine to witness when in actual fact the signatures were not witnessed.

    There are several mistakes made in the agreement(they way in which it was written)and I am wondering if this stands up in court. My lawyer has stated she can poke holes in but I am quite sure his lawyer will want to follow it completely.

    Under the spousal support he has written payment of half of the truck payment(that I was using),and this vehicle has since been taken back,as he told me if I could not afford it to brng it back to him to dispose of.

    My older children are not in this agreement as when he left,we were working on being amicable(and since then we have not been),and at this time he told me that he would help with the girls along with myself as I have not been employed since we have been married(my one girl has only known him as her dad and the other he took on that role,also).

    I was wondering if anyone knows how well these seperation agreements hold up in court. The agreement was printed up from offline and we filled it out and I did not seek out a lawyer,but am unsure if my husband did.

    Any information/help would be appreciated.

  • #2
    Aisha1969,

    The separation could very well be set aside. It difficult to even suggest without seeing the document. Case law is all over the place on the subject. The agreement might not be proper form and contract if not witnessed properly. Thus could perhaps be set aside.


    lv

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    • #3
      Thank you for answering

      It was a very basic contract written up.

      My older girls were left out of it and there are many mistakes in the agreement.

      His lawyer seems to see that is is properly done mine thinks not and he keeps saying that I am violating parts of the agreement.

      I sure hope it all gets worked out

      Comment

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