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  • Minutes of Settlement - Any issue?

    Hello guys,
    While I have a lawyer and he gives me the legal advice, I would like to get some reassurance by asking you guys just to make sure everything makes sense.

    I sponsored my STBX's immigration to Canada. A month after she arrived here and received her PR, she made horrible rape allegations against me. Long story short, she used me for immigration. While she was still around, we were able to serve her with divorce notice. She did not file her answer within 30 days but few days after she hired a lawyer. She claimed improper service and asked to be served again which we did. Her lawyer asked for more time which we gave. Then eventually she fired her lawyer. After wasting few months and just before we were ready to go to court, she sent repeated emails to my lawyer saying that she wants to settle out of court. She also moved to another city but did not give us her new address. My lawyer drafted Minutes of Settlement and emailed to her. Would it be ok and binding if she and her witness sign it and email/mail to us? How would we know that it was infact her who signed it? Can she challenge it later saying her email was hacked etc? What if the witness is fake? I guess I'm trying to understand if it's ok for the other party to communicate and get everything done via email?

  • #2
    The MOS will only stand up in Court if she has had independent legal advice. The lawyer reviewing it with her can be the witness to her signature (they will check ID etc).

    Comment


    • #3
      Originally posted by tilt View Post
      The MOS will only stand up in Court if she has had independent legal advice. The lawyer reviewing it with her can be the witness to her signature (they will check ID etc).
      She no longer has a lawyer and doesn't look like she will. The draft MOS we sent her says that the 'parties have had independent legal advice...' Do we still need her to provide us certificate of ILA?

      Also, she never gave us her financial statement. She had $0 and no job at the time of separation. No SS is being paid. My lawyer says we are ok with not having her financial statement.

      Comment


      • #4
        You can accept any contract, it just leave you open to her coming back and claiming she was new to Canada and didnít know she should get legal advice.

        Having the clause is good, except without ILA attested she can say she didnít understand it because no lawyer explained it.

        You were originally worried about her claiming she wasnít the one who signed, that is where having a lawyer witness is a good idea. She doesnít need to retain the lawyer, it would probably be a $300 consult.

        It is your call if you think this is a clean break for her or if she might come back in a couple of years hoping to reopen it.

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        • #5
          Is name and/or address of the witness required? I'm pretty sure it is, otherwise how would we know who witnessed it. They are refusing to provide both.

          Comment


          • #6
            Originally posted by guggan View Post
            Hello guys,
            While I have a lawyer and he gives me the legal advice, I would like to get some reassurance by asking you guys just to make sure everything makes sense.

            I sponsored my STBX's immigration to Canada. A month after she arrived here and received her PR, she made horrible rape allegations against me. Long story short, she used me for immigration. While she was still around, we were able to serve her with divorce notice. She did not file her answer within 30 days but few days after she hired a lawyer. She claimed improper service and asked to be served again which we did. Her lawyer asked for more time which we gave. Then eventually she fired her lawyer. After wasting few months and just before we were ready to go to court, she sent repeated emails to my lawyer saying that she wants to settle out of court. She also moved to another city but did not give us her new address. My lawyer drafted Minutes of Settlement and emailed to her. Would it be ok and binding if she and her witness sign it and email/mail to us? How would we know that it was infact her who signed it? Can she challenge it later saying her email was hacked etc? What if the witness is fake? I guess I'm trying to understand if it's ok for the other party to communicate and get everything done via email?
            You should listen to your lawyer.

            Comment

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