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  • Minutes of settlement

    It appears we may actually be close to signing minutes of settlement and avoiding trial. After we have both signed what is the process? And how long before monies are paid out? Other side would be signing first and then returning the signed agreement to my lawyer. What happens if he changes his mind after signing?

  • #2
    After you sign it goes for endorsement by the judge. You can also work how it is paid within those minutes of settlement. For instance in my husbands it was agreed he would pay the arrears and agreed upon school costs within 90 days from the date of settlement and ongoing cs monthly from September. He paid the sum quickly and is now waiting on FRO to get their act together to pay the rest.

    If you need it to be paid out in installments ask for that to be put in the mos.

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    • #3
      My lawyer wanted to add a line that read upon my ex's death any money he still has will go to our children or something like that. I didn't want to rock the boat and told him to leave it out. Doesn't any money left by a parent go to children anyway? Now I'm regretting I didn't at least try to put it in and see what he would do but the situation is volatile and I didn't want to scare him off. He thinks I'm plotting to kill him anyway. It's one of his paranoias.

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      • #4
        Under Ontarioís Succession Law Reform Act if your ex dies without a will and has remarried then the majority of his estate will go to his new wife believe it or not. New wife gets the first $200,000 and then if there is anything left over it gets split evenly between her and any children he has.
        If he is single or only living common law then it goes to the children first, but a common law spouse can still sue the estate for support.

        Either way though Iím not sure if a clause under your minutes of settlement would override the Act or any will that he may have anyways.

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        • #5
          Quick Question,

          I have a case before the courts and we went to med/arb and came up with an amendment to the separation agreement that resolved all issues in the case.

          I have been asked to submit a minutes of settlement, yet we have the amended document with ILC for both parties attached.....

          I would think the amended separation agreement, complete with ILC would be the minutes of settlement.. so not sure why this is redundant? But the judge, at our last case conference, wanted me to do a MOS and a 14B.....

          Can my minutes of settlement, just refer to the already signed document that has ILC for both parties? Have both parties sign that?

          I am self repped, so a little confused by this.

          Thanks.

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          • #6
            I think itís a form issue. You can have an updated agreement but it needs to be on a minutes of settlement form.

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            • #7
              Ugh, does that mean I need to transfer it all to the new form? Is that the order form? Or can I just refer to the Amended Separation Agreement form dated bla blabla... attached with ILC.?

              I really dont want to have to type it all out again as its currently in PDF format and each page initialed already

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              • #8
                Your ask is that your ex has to leave an amount that will provide as sum of money sufficient to support their child support obligations as if they were alive.

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                • #9
                  Originally posted by pinkHouses View Post
                  Your ask is that your ex has to leave an amount that will provide as sum of money sufficient to support their child support obligations as if they were alive.
                  Does that need to be explicitly mentioned in an agreement?

                  I thought that child support was treated as a claim on the estate. I could definitely be wrong about that one.

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                  • #10
                    Minutes of settlement

                    Originally posted by Janus View Post
                    Does that need to be explicitly mentioned in an agreement?

                    I thought that child support was treated as a claim on the estate. I could definitely be wrong about that one.

                    Its the life insurance clause that is found in all agreements but Iím not sure why ph said that since life insurance and support was not mentioned by the original poster.

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                    • #11
                      Correct about the life insurance, keeps it from being ditched or left to someone else and ending things up with a bigger mess.
                      I don't know probate laws.

                      If they want to create a clause leaving extra, then asking for that now is the time.

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                      • #12
                        I may be wrong, but my understanding is court can make you maintain your life insurance policy and/or assign the beneficiaries but not force you to buy new coverage if it's not available to you.

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                        • #13
                          Originally posted by StillPaying View Post
                          I may be wrong, but my understanding is court can make you maintain your life insurance policy and/or assign the beneficiaries but not force you to buy new coverage if it's not available to you.
                          That is my understanding as well.

                          That's why it is probably a good plan to cancel any life insurance policies you may have if you are getting divorced. Use the money to pay lawyers instead.

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                          • #14
                            Originally posted by Janus View Post
                            That is my understanding as well.

                            That's why it is probably a good plan to cancel any life insurance policies you may have if you are getting divorced. Use the money to pay lawyers instead.
                            Often I read the absurdity of yours posts but that isn't a personal statement. Family court seems bizarre to me and you are just posting what you see as Family Court truth.

                            "not force you to buy new coverage if it's not available to you"
                            Can't most people get life insurance?

                            Also I am suspecting the risk of having a policy is that it get put in your exes name? Does making others "irrevocable beneficiary" prevent this from happening?

                            Comment

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