Announcement

Collapse
No announcement yet.

going to trial with my separation agreement

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

  • going to trial with my separation agreement

    I signed a separation agreement last year, and have been separated for about 2 years.

    We have shared custody, which is going well.

    She signed that she would not pursue spousal support in the agreement, which I believe is binding.

    We split the assets evenly.

    Child support is the net amount between both of our guideline numbers. I pay her the difference.

    If I do the divorce application myself, and send it in to the courts, what are the chances that a judge will rule differently?

    It could be argued that she should get more CS or SS. I believe most courts prefer to increase the net amount of CS by 50% or so. Has anyone seen a case where they overruled a separation agreement?

  • #2
    Originally posted by Foredeck View Post
    Has anyone seen a case where they overruled a separation agreement?
    Yep, but only when a party proves it is in the child's interest and to the child's benefit to do so.

    Comment


    • #3
      I believe it's in our daughters best interest to maintain the current custody. We have shared custody, and it's going very well (considering everything). I'm not too worried about the custody, rather the financial aspect of our divorce.

      Comment


      • #4
        I think you should proceed with the divorce application and hopefully she won't contest it. Do you have reason to think she might?

        Comment


        • #5
          "which I believe is binding."
          If your ex had "Independent Legal Advice", then maybe you can call it binding, as long as there is no unconscionable change between the signing and now . Without the independent legal advice the separation agreement worth less, than the paper it is written on.

          If your ex doesn't contest it, then the judge will just sign your divorce. Without contest the judges will not just decide that somebody should get more or less.

          Comment


          • #6
            We both had independant legal advice.

            I don't think she'll fight it. I think she'll sign the joint petition to file for divorce. Im getting it ready right now, should bring it to her to sign it within a week

            Comment


            • #7
              Happy man. Then you are not going to any trial.

              Comment


              • #8
                I'm in NB, and it may be different. It's called a trial, but basically I send in my application, and a clerk presents it to a judge, who either approves it, or modifies it.

                I think there's a contested or uncontested trial, but not 100% certain on the terminology.

                Comment


                • #9
                  Good luck! I'm hoping everything gets signed as is.

                  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