Minutes of settlement/Divorce Judgement

[Soncecilia]

HELP, HELP, HELP

I know that once the Minutes of Settlement are signed they are binding and enforeable.

With my husband's divorce, his order was brought forth to the courts and a couple of items in the Settlement were rejected. Therefore, our lawyer amended those particular items and it was then resubmitted and approved and finally his divorce was granted. Once final we received, from our lawyer, the Minutes of Settlement (signed by all parties involved, of course) and the Divorce Judgement and Corollary Relief without oral evidence (which had only the changes needing to made with regards to support, access and some of the parenting plan).

My question is this...because some of the items in the Minutes of Settlement were refused and the corollary relief/divorce judgement was drawn up and submitted, does that null and void all the issues agreed to in the MInutes of Settlement or are both still binding and act as a part 1 and 2?

[logicalvelocity]

Soncecilia,

Minutes of settlement are binding, and generally form part of a final court order.
But per say if there is a material change of circumstances, the minutes or final order can be varied under motion. For this type of motion in ontario, a case conferece is held due to its a final order.

In essence there is nothing final in family law as material change of circumstances occur all the time. The party that is claiming a material change has the onus to prove that a material change has occurred.

If your speaking in regards to your husbands x, you mentioned that she is or has married this other person from USA. Scenario - If spousal support was being paid, this would construe to be a material change of circumstances as her need might be so great, the material change is that she is remarried. Another material change would be say if a spousal support payor lost their job through no fault of theri own, this would also be construed to be a material change.

[Soncecilia]

Minutes of settlement/THANK YOU

Thank you so much for your help with all of my questions....We have finally retained a reputable lawyer (actually referred by our business lawyer) and have spoken with him about our situation and we are meeting with him tomorrow.

New light has been shed also with regards to his ex's marriage. We believe (due to time frame of new marriage and when the divorce was actually final and from asking questions) that she may have married this man without the going through the proper channels.
("If your fiancé(e) is not a citizen of the United States and you plan to get married in the United States, then you must file a petition with USCIS on behalf of your fiancé(e). After the petition is approved, your fiancé(e) must obtain a visa issued at a U.S. Embassy or consulate abroad." A foreign national cannot enter the U.S. with the intention to marry, unless the couple has filed for and received a K-1 fiancé visa.

When we questioned her on that basis, she replied by saying that we were making it up to scare her. It pays to make a few telephone calls and our lawyer will be requesting a copy of her marriage certificate.

Thank you again and I am sure that I may have more questions...