Ottawa Divorce .com Forums

Ottawa Divorce .com Forums (https://www.ottawadivorce.com/forum/index.php)
-   Divorce & Family Law (https://www.ottawadivorce.com/forum/forumdisplay.php?f=3)
-   -   When is a SEPARATION AGREEMENT an Agreement (https://www.ottawadivorce.com/forum/showthread.php?t=1171)

dvr 06-15-2006 10:13 AM

When is a SEPARATION AGREEMENT an Agreement
 
I have spent hours at a meeting with my lawyer at that time (I am self represented now)my wife’s lawyer and three other people two of them accounts trying to come to an agreement on what would be put into a SEPARATION AGREEMENT. I signed a power of Attorney in the advent that an agreement was signed that my lawyer would be able to act if something happened to me. I did this in good faith with the expectation that an agreement would be reached. This took place back in September 2005.
I felt that based on what I understood of the proceeding at this meeting that an agreement was achievable. A Draft Minutes of Settlement was prepared by my wife’s Lawyer and sent to my lawyer by fax with a letter attached from my wife’s lawyer asking that the Draft minutes of settlement be reviewed. My Lawyer sent me a copy of the Draft minutes of Settlement.
I reviewed these Draft Minutes of settlement and found issues that I didn't recall be discussed and would not agree to them .When the minutes were drafted in legal terms it was not at all what I understood was to be the make up of this agreement . It was in my opinion a one sided agreement in favor of my Wife. I sent a letter stating this and that I did not agree to this Draft minutes of Settlement on the day we met in my wife’s lawyer’s office or now.
My wife’s Lawyer is saying that in fact I did agree to the terms of the Draft minutes of settlement and everybody at that meeting agrees with her .My wife;s lawyer is asking the court to order that the agreement be valid even though I did not sign it or agree to it.. I did adjust the agreement to the way I can agree with it and in March of this year I excused the agreement and sent it to my wife’s lawyer. This agreement as amended by myself was not acceptable.
What are the chances that the court would ever agree with them that an enforceable agreement was reached?

logicalvelocity 06-15-2006 06:23 PM

dvr,

I would think that if the draft minutes of settlement was not signed by you and witnessed, then the draft is just that "A draft". Why present a DRAFT to you for consideration? Moreover you mentioned,

Quote:

I sent a letter stating this and that I did not agree to this Draft minutes of Settlement on the day we met in my wife’s lawyer’s office or now.
Don't be bullied or intimidated by your wife's lawyer. I think you wife's lawyer will have a difficult time proving that you agreed to the terms of the draft minutes of settlement in light of the fact that it is a draft and you have never signed it.

I would hold your stance.

lv


All times are GMT -4. The time now is 07:11 AM.