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  • Marriage Contract

    In 1998 I stupidly married a woman with 7 million dollars in the bank and a trust fund paying her over $300,000 per year. At the time I was making $50,000/yr as a pilot, and I lived in Chicago. She lived in Toronto. We were dating and visiting each other less than two months when she became pregnant, something she wanted to happen, me no. Although I encouraged her to have the baby, and although marriage was discussed, I held off because she insisted on a marriage contract (pre-nup). Increasingly we were not getting along, and I wasn't sure, nor was she, although she maintained she wanted to get married. After my daughter was born my male sense of responsibility/duty kicked in, and I agreed to sign the marriage contract and get married. She was eager despite the fact that we had not had 'marital relations' for over a year. By law I was required to be briefed by a lawyer on the marriage contract. Her lawyer organized a lawyer for me, who worked in a different firm downstairs in her building. My ex-wife paid my lawyer. I signed the agreement. We got married at city hall.

    It will probably come as no surprise that the marriage did not work. There were no marital relations after the marriage, and a year later we separated. My ex came at me with lawyers, prohibiting access with my daughter etc etc. In Chicago most of the time, with little time to search for lawyers locally in Toronto, I called the only lawyer I knew - the one my ex paid to brief me on the marriage contract. Yes, this was a stupid move, I know, but I was completely naive on legal matters. She began to represent me and did fine on access issues, but advised that spousal support was out of the question due to the marriage contract.

    Several years into my relationship with this law firm, with $30,000 spent and still no reasonable access agreement in place, I sought a second opinion. I was told by another lawyer that the fact that my ex's lawyer organized my lawyer's brief on the separation agreement, and my ex paid, made it a conflict of interests. I was told this lawyer should then have never agreed to represent me as she could not then have argued that there was indeed a conflict of interests and that the marriage contract was invalid.

    I ended my relationship with this lawyer/law firm. At this stage I was pretty much broke and I went on my own without a lawyer. The conflicts went on for a few more years, but ended when I was able to prove that my ex had lied in an affidavit. By this time I had moved to Toronto, bought a rental house in the same neighborhood as my ex, which gave me an apartment to spend access time with my daughter, who I might add all along very much wanted to spend time with me, or perhaps I wouldn't have bothered. We settled out of court and I got generous access. Things were fine for about six years but she's coming at me again denying access, looking for more CS, s7 etc.

    Obviously I was very naive about legal issues. At this late stage could I have the marriage contract thrown out, and could I go for retroactive spousal support etc. Let me make it clear that I don't really want money from my ex, nor did I ever. I just want to scare her so she'll stop coming after me for more CS, s7, as well as denying access, manipulating my daughter against me and generally jerking me around etc.

  • #2
    I'm not sure about the conflict of interest with your original lawyer, but it does sound like a valid argument. And your most recent lawyer stated that it was a conflict of interest. I would get a second legal opinion by contacting another lawyer. I realize that the previous litigation made you broke, but a one hour consultation with a lawyer shouldn't set you back too much. I would also check out CanLii and see if I could dig up some previous cases that mirror your situation.

    I'm surprised that she's going after you for section 7 expenses. Those expenses are attributed based on your respective incomes. You said that her annual income is 300K (and millions in the bank that accrue taxable interest), so she would bear the brunt of section 7 expenses, unless you significantly increased your income since making 50K.

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    • #3
      Originally posted by Teenwolf View Post
      I'm not sure about the conflict of interest with your original lawyer, but it does sound like a valid argument. And your most recent lawyer stated that it was a conflict of interest. I would get a second legal opinion by contacting another lawyer. I realize that the previous litigation made you broke, but a one hour consultation with a lawyer shouldn't set you back too much. I would also check out CanLii and see if I could dig up some previous cases that mirror your situation.

      I'm surprised that she's going after you for section 7 expenses. Those expenses are attributed based on your respective incomes. You said that her annual income is 300K (and millions in the bank that accrue taxable interest), so she would bear the brunt of section 7 expenses, unless you significantly increased your income since making 50K.
      Agreed. S7 is balanced on income split. She has to report her income from the trust fund even though you have a marriage contract. It is income and has to be reported under Rule 13 of the FLR.

      Good Luck!
      Tayken

      Comment

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