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Separation Agreement -- need 2 lawyers?

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  • Separation Agreement -- need 2 lawyers?

    My partner & I have basically agreed to separation issues, but will need to get these documented and signed. I live in Ontario

    (1) I was told by a good friend that if we both went into a lawyer together to get the agreement signed, then, there would be no need for two individual lawyers to act on each behalf? Would this be true?

    (2) Also, because my partner is under medical care, I was told that a lawyer wouldnt' touch this right now because he might not have the capacity to understand what he is signing.

    (3) The other issue is that the situation has gotten quite ugly due to his mental illness, which has led to abuse of funds. Thankfully none of his liabilities are my responsibility. My assets (house) are all in my name. My concern is because he's in a real bind financially, he could go to legal aid and they would milk me for spousal support etc, unjust enrichment etc.

    (4) Can I get a document to give him '60 days notice" to vacate my house? As his behaviour is causing me a great deal of emotional distress. I've already reported to medical authorities his behaviour to be noted.

    Been here before, but need a recap as this is going to happen sooner than later I hope.

  • #2
    Need answer - getting desperate on CL separation

    Ok its getting downright abusive now...started going into my personal items, I had to call police for advice before this goes any further. I need him out. We agreed on terms. But he's pushing date to move...

    Called a lawyer today, they said it would be conflict of interest if we both went to lawyer together to get an agreement signed (why? or is this just a way for them to make more $$?) and he would have to seek his own counsel on a separation agreement. Is this true?

    Or can I get a separation agreement when both of us see an individual together and get this notarized by the bank or something? I dont' want to lose any more than I already have.

    Last edited by BugsRUs; 09-05-2008, 08:57 PM. Reason: add text


    • #3
      The problem with seperation agreements is that if both parties aren't represented by individual council, they could simply appeal on the basis of bias. You are in a very sticky situation. Good luck.


      • #4
        Or you could try sitting with duty council at the local courthouse. If you go together it could work.


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