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Old 11-11-2013, 06:45 PM
Lava Lava is offline
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Join Date: Aug 2012
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Default Thought it was over.

Here is my situation.

My ex left the marital home in the spring of 2012 to follow her path in life. In the fall she asked for a divorce said she will sign all of our assets over to me and not seek any financial support. So I never prepared a financial statement since there was to be no division of the assets.

A couple of months into negotiating our SA dealing with other issues including child custody she said she wanted a financial statement before signing anything. I told her that I didn't prepare one since there was to be no division but if she wanted me to prepare one that it would take time since I would have to value everything at the separation date. I told her that she would also have to prepare her own financial statement.

She replied that since I didn't want to provide a financial statement (not the case) that she would accept $XXXXX in lieu of. I agreed on the dollar figure and it was included in our SA.

Once everything was finalized we both signed off on the SA. A year later I have a final court order, the divorce is done and the house transferred to my name. Now her lawyer files an application claiming that the SA is not valid because I didn't provide a financial statement. I have everything we negotiated in emails as proof.

My question; is there a chance that the judge would overturn the final court order even though we agreed to not provide financial statements?

Thanks
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