Announcement

Collapse
No announcement yet.

Release

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Release

    Can anyone explain to me what a "Release" is and how it pertains to family law. And is this fairly standard to ask the other party to sign a release. I already have a signed final court order. Thanks

  • #2
    Grace,

    Depending on the wording of the release, I suspect it would forever discharge the party and or their estate from any future support obligations or claims. What if a material change were to occur, such as ones health?

    If it was me, I wouldn't sign the release unless there was some incentive such as a significant lump sum in the 6 figures range payable upon signing.

    Even if you have a final order and a Divorce has been granted spousal support could be obtained if the circumstances has merit. There is no time limit to claim spousal support even after divorce has been granted.

    Divorce Act ( R.S., 1985, c. 3 (2nd Supp.) )

    http://laws.justice.gc.ca/en/D-3.4/235064.html

    COROLLARY RELIEF

    Interpretation

    Definition of “spouse”
    15. In sections 15.1 to 16, “spouse” has the meaning assigned by subsection 2(1), and includes a former spouse.

    R.S., 1985, c. 3 (2nd Supp.), s. 15; 1997, c. 1, s. 2.


    I suspect the Release the other party perhaps is referring to, may be in the form of a separation agreement clause as per the Family Law Act (Ontario) allows.
    Last edited by logicalvelocity; 04-13-2006, 08:38 PM.

    Comment


    • #3
      Thanks LV, its 8 pages long and full of legal jargon. I'm going to try and not let it "get' to me, and I'm sure my lawyers can decipher it, but it pisses me off that I have to pay more legal fees, when I thought this was finished.

      I'll leave with a sample paragraph;

      "And in Consideration of the provisions set out in the said order of Justice Smith and the sum of ONE ($1.00) DOLLARS and for other valuable and good consideration. Now therefore the applicant and respondent hereto hereby agree to release each other on the following terms"

      ??????????????? What's with the dollar. And why don't they write these so the clients can understand what they are signing.

      AAAAAAAAAAHHHHHHHHHHGGGGGGGGG. I thought once you had a final court order it was final. But like you always advise, there really is no finality in Family Law.

      Thanks for the vent .

      Comment


      • #4
        I believe the the dollar is considered "consideration" which is basically a part of a contract. If I sign something which says I give you this but there isn't something in it for me - then it usually isn't a valid contract. The dollar would satisfy this - hard to believe eh? lol

        Comment


        • #5
          The dollar is "consideration". If I remember right in contract law you need to exchange something for it to be a valid contract. That would be where it comes in.

          I agree about the legalese. - give me something in a basic understandable language. I remember my lawyer got a huge paragraph in my agreement down to one line that was so much clearer to both of us lol

          Comment


          • #6
            Thanks so much Jenny for the explanation. I don't understand why this has to be so complicated. Frankly I don't know of any divorce couples that are exchanging "loonies" for a court ordered agreement to be valid. I honestly thought a final court order was final. And you didnt need a release to make it valid.

            There is also a clause in this release that states I have obtained legal advice and i fully understand them. I really feel that this is just another tactic to drive up legal fees.

            Comment


            • #7
              Could anyone give me advise on this. Apparently we are going back to court over this. A motion from the ex's side is being filed. From what I understand a family law judge cannot issue a "release" only finalize a "domestic contract". I can live with the agreement we reached in our Minutes of Settlement. Quite frankly I don't understand the "release" part, except that it would stop all future litigation which is fine with me. My lawyers advise me that if I signed this release a family court Judge would not allow it.

              HELP

              Comment

              Our Divorce Forums
              Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
              Working...
              X