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  • #16
    In Ontario, The agreement is totally enforceable if it meets the requirements of Section 55(1) of the Family Law Act. No independent legal advice is required, but it is a good idea to have a waiver clause for not having ILA.

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    • #17
      Originally posted by ddol1 View Post
      ...
      Manipulation of an individual under the stress of a quickly upcoming marriage, the stress, people tugging the bride from every direction. Sorry but not one recollection has been of gender reversal, not to say it has never happened because I would bet on it but to the point: For all the uphold your agreement voters: Why did hubby to-be not prep this document and present it with his proposal of marriage? Why is it so very common to hear of this issue hand in hand with "the night before, the week before, waive your right to legal (now why would any manipulative hubby to be ask this of his bride to be???)
      SHE signed it and now does not want to honour it after pretending that it was okay for year and years, yet the 'hubby' was manipulative? BS

      Originally posted by ddol1 View Post
      Continue with - It happened for what ever reason but why has one of these last minute deciepts ever came with a 12 month clause that states you (usually the bride) have this time to read and understand this document when the dust settles and as a trusting new husband allow a clause to give the new bride the right to make any modification to said document and without question, and with full trust, any and all modifications will be accepted and become part of the final aggreement?
      Total BS. She signed it in a hurry, under pressure - poor frail little woman that is helpless and doesn't understand the big world around her...is that the way you view women?

      And IT DOES have a 12 month clause - meaning that she could have and should have reviewed at her leisure at any time after the marriage started, and if she didn't like what she signed, then change it (new agreement, or divorce).

      He trusted her, she is breaking that trust, not the other way around. The agreement was written in English, she signed it, knowing what it contained. If she didn't she should have sought out legal advice. She sat on it for the entire marriage and then when its over THEN she says she doesn't want to follow it - THAT is deceitful.

      Adults should be responsible for their own actions, and their signature and agreements should bind them. Unless the husband lied about something, which the OP did not state. She is made her bed, agreed to the prenup - there is no justification to not honour it.

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      • #18
        Originally posted by suncoast View Post
        Eleven years. It is my understanding that these prenups have to be "re-adressed" every 5 years. also not getting ILA could effect the standing of the aggrement of the husband. ILA should have been insisted upon. it would look to me that it could be claimed as a deliberately planned tactic to avoid scrutiny of an agreement that a lawyer may very well have disagreed with. And by the way Senior members stop with the bully tactics you sound like macho jerks (or Trolls) the person wants advice not your "Damaged" opinions so give the attitude a rest.
        And....who are you, exactly? Perhaps if you'd like to make a sweeping generalization about people whose posts you disagree with, you might take a moment to figure out the gender of the poster before making sexist comments that make YOU look like a jerk.

        Just a thought.

        Either way, legally I believe that without counsel, the agreement may be set aside, even if the right to counsel was waived. I do question if the circumstances surrounding the split were different (ie: growing apart, life changes etc.) and unrelated to your ex having an affair, if it would be as important to you to revisit the pre-nup. Sounds like a little retaliation going on to me.

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        • #19
          Originally posted by judepude View Post
          Has anyone every gotten a prenup put aside. My husband had me sign one 17 years ago one week before our wedding. He said it was to just cover his company which I totally understood. When I started reading it there was alot more to it than that but I was totally in love and signed off on getting a lawyer to look at it. Now I have found out that he has been cheating on me for 2 and a half years on and off. He wants a divorce and refuses to give me anything except 1/2 the house. He made me quit my job 11 years ago saying that he could pull a bigger paycheque out of his company in his name than what I was making. Now I have been out of the work force for to long and I am also 59. I am soooo stressed out and worried about what will happen. Any input.
          Judepude,

          Please don't take the nastiness seriously. Sometimes you get great advice on here - other times you get nastiness. It's raining this week - perhaps it's put them all in a bad mood.

          Good luck with your situation and please don't let it dissuade you from posting again.

          Comment


          • #20
            [quote=CSAngel;77314]Judepude,

            Please don't take the nastiness seriously. Sometimes you get great advice on here - other times you get nastiness. It's raining this week - perhaps it's put them all in a bad mood.

            Good luck with your situation and please don't let it dissuade you from posting again.[/Thanks, I needed a little more inlighting note about this mess.

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            • #21
              [quote=CSAngel;77314]Judepude,

              Please don't take the nastiness seriously. Sometimes you get great advice on here - other times you get nastiness. It's raining this week - perhaps it's put them all in a bad mood.

              Good luck with your situation and please don't let it dissuade you from posting ags.

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              • #22
                Thanks so much, I was starting to get a little discouraged with all the nastiness coming off the site. I joined for support not to get more depressed and scared.

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                • #23
                  Jude, you've got clear grounds for the initial prenup to be dissolved. If you didn't have ila when you signed, I would think it most likely it will be turned over.

                  Good luck!
                  Start a discussion, not a fire. Post with kindness.

                  Comment


                  • #24
                    An experienced lawyer will get the prenup set aside! Without a certificate indicating independent legal advice was obtained and the agreement reviewed and understood this contract has little weight.

                    Having you hastily sign this one week before your wedding might have been a fast move on his part.

                    What could also be ruled is certain sections of the agreement might be set aside and not the entire contract.

                    Without doubt in my view, spousal support will be granted, given the info you presented.

                    Good luck

                    Comment


                    • #25
                      Originally posted by staysingle View Post
                      ..
                      Having you hastily sign this one week before your wedding might have been a fast move on his part.
                      Hastily sign?? She signed it 17 years ago and did nothing about it!

                      I'm not saying the OP is not entitled to something that is denied in the prenup as agreements, explicit or implied, may have happened over the marriage that would void some parts of the prenup.

                      For example if the prenup says no SS, but during the marriage you both decided to halt your career which put you at a financial disadvantage when the marriage ended, and that was not specified in the prenup, then SS may be reasonable.

                      However, you were in your 40's when you signed it. Saying you didn't understand it or read it is not true, you said this yourself that you read and understood it. So to run to the courts and have it overturned on the grounds you did not understand it and/or did not have legal advice, is a lie.

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                      • #26
                        There are few cut and dry scenarios on here. Pre-nups don't hold up well. Only in Hollywood, it seems. Must have to do w/being millionaires. If a person does not get I.L.A. then there's not much merit to it, bottom line. I'm not a huge fan of the legal profession, but it is a necessary evil. I.L.A. is rule #1 for any "agreement"

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                        • #27
                          Getting youi to quit your job 11 years ago was an event SUBSEQUENT to the pre-nup. Clearly, at age 59, and out of the work force 11 years by joint marital decision, you have been disadvantaged now that the marriage ends.

                          I think you should pursue SS with confidence.

                          And if your ex is WISE, he'll negotiate with you in good faith now.

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                          • #28
                            Section 55(1) of the Family Law Act deals with Prenups. Nowhere does it mention anything about getting ILA or having to take the "advice" before the Agreement (Contract) is valid. ILA is what it is....Advice. Seems that a lot of Posters on this thread believe it is a requirement that you have to have ILA and take the Lawyers advice for agreements to be valid. ??? I disagree. What you are signing is a Contract, and if it meets the legal requirement of a binding contract, as set out in 55(1) FLA, it will hold up without IL Advice.

                            Comment


                            • #29
                              The party seeking to impute the income of the other party must put forth to the courts that the income is greatter than that which the other party is claiming, as well as bring to light any CASH money that the "op" makes, in their line of work. Further, the party seeking SS - and that is largely premised on the duration of the marriage - must tell how they ie; took care of the home/raising children etc, although having no children doesn't exempt a party from seeking SS. SS is based on 3 aspects in the Court's view; 1) contractual 2) compensatory and 3) non-compensatory, all of which carry detailed definitions. Finally, if the Court finds that the party seeking SS has been left at a financial disadvantage as a result of the breakdown of the marriage: it will be awarded. I just went through all this: I'm 43 - my SS was based on much of the above but b/c I am deemed to be able to overcome the stress of the litigation etc, and "become" self-sufficient, it was capped at 5 years. Better than nothing, and in the mid range of the SSAG (Spousal Support Advisory Guidelines) Good Luck, you should be successful in this regard.

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                              • #30
                                Walshch: you are dreaming. They rarely hold up and circumstances change, esp over the course of many years. ILA is definitely mandatory in any contract. What's shocking: is the few posters who think its okay to have someone pull the "rug" out from under someone else and leave them high and dry. Pure Greed. It's a real shame to see what some people put their partners through. A lot of the nastiness ought to be a crime actually. But hey, this is Canada. Land of lax laws.

                                Comment

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