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Old 11-12-2013, 01:44 PM
stripes stripes is offline
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I'm only guessing here ... but if you have a court order, signed by a judge, apportioning assets as you and your ex agreed, I think the likelihood of another judge overturning it is pretty small. If the original order (without the financial disclosure) was clearly unfair or one-sided, the judge whose desk it landed on should have sent it back or withheld his signature.

However, if the discrepancy between what you paid her and what she would have received in a standard equalization is very large, OR if you yourself provided no financial disclosure at all, (as in mcdreamy's s.56(4) a) ) you may have to renegotiate the agreement. Best to be prepared for that (i.e. get your disclosure documents ready, but don't offer anything unless ordered to do so).

This sounds like a fishing expedition by the ex and her lawyer. My ex tried something similar with our separation agreement (prior to the divorce order) - he signed it, and then a year later decided he didn't like one of the financial provisions and tried to get more money out of me. The response (from *his* lawyer) was: it's not unfair, you agreed to it at the time, suck it up. And this was before it turned into a divorce order and went before a judge.
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