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  • separation agreement

    how do i set aside a separation agreement? i was not mentally ready to sign legal papers.

  • #2
    Originally posted by hoover240 View Post
    how do i set aside a separation agreement? i was not mentally ready to sign legal papers.
    Mentally ready or mentally capable (as in of legal capacity)? They are completely different issues.

    If you weren't ready and were still in the funk of the divorce, unless the agreement is unreasonably in favour of one party and you did not have independant legal advice, your chances of getting it set aside are slim.

    If the agreement unconscionable, in that it unreasonably and unfairly favours your ex and was prepared by your ex lawyers and you were prevented from seeking independant legal advice, you have a good chance.

    If you were mentally unfit (ie. clinically unable to enter into a contract) and you signed, and they knew you were unfit, you have a good chance of getting it set aside.

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    • #3
      Did you seek legal counsel? Did they review the agreement and give their opinion on it? Did you read what you signed?

      You have a pretty tough battle ahead.

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      • #4
        i was under care of a psychologist and family doctor. i was still in shock from the events that took place. i had a lawyer who was represented me, but i told her on the day that i signed it that i was going to regret this. now the shock is over, i am thinking straighter and i do not feel that this agreement was right.

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        • #5
          How bad was it? Sounds like you're going to have to live with it.

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          • #6
            Originally posted by hoover240 View Post
            i was under care of a psychologist and family doctor. i was still in shock from the events that took place. i had a lawyer who was represented me, but i told her on the day that i signed it that i was going to regret this. now the shock is over, i am thinking straighter and i do not feel that this agreement was right.
            Would either of those doctors testify that you were of unsound mind? Just because you were under their care doesn't mean you weren't of sound mind.

            Think of it like this:

            If you were to commit a crime, would you be able to find professionals that testify for you that you shouldn't be responsible for your actions as you weren't capable of reason? If you can, then you are likely to get it set aside.

            But if you were just really upset at the divorce and seeing a shrink as a form of help, your likelihood is not good.

            Were you still working during this time? Were you acting in otherwise a normal capacity?

            I mean, you could have an weak argument for duress as you were stressed and seeking counselling due to the relationship breakdown. But if you were otherwise leading a normal life, and not taking some heavy medication to help you, the courts don't like to set aside agreements. Essentially, the courts will look at it like you have buyers remorse and now looking back at you think you may be able to get a better deal.

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            • #7
              Also how long ago was it signed?

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              • #8
                If the majority of people wait until they are fully mentally ready to sign, many agreements would never be signed. You had a lawyer who represented you. There were things in the agreement you didn't like. There were things in the agreement I signed that I didn't like, but the lawyer advised me that if I didn't sign and it went to court, the fees would be very high and court wouldn't deal with the concerns I had.
                So I signed. I have regrets. Nearly the entire agreement has been changed over the years and my ex STILL ignores court orders. This is the hell that divorce brings on many people.
                Makes you want to avoid marriage again, or any other form of committment.

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                • #9
                  Separation agreements are rarely likeable documents, especially not in their entirety. They represent a lot of give and take.

                  While I don't expect anyone to like everything in it, there's a big difference between things you don't like, and things you can't life with. My advice to anyone is to not sign an agreement with clauses you can't live with, because you will be living with them every day for a long time.

                  I don't like doing all the driving for my access to our son, it's unreasonable and not fair, but I can live with it.

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                  • #10
                    Originally posted by hoover240 View Post
                    how do i set aside a separation agreement? i was not mentally ready to sign legal papers.
                    The other path is a "material change in circumstance" which is equally as tough as having the agreement set aside. You as the moving party will have the onus of demonstrating that there is a "material change in circumstance".

                    In both cases you will NEED a lawyer to carry this forward on your behalf. This is not a walk in the park by any means to take either path.

                    Good Luck!
                    Tayken

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