Separation Agreement

[Max22258]

I have enclosed a separation agreement that I think is fair. I would like to know what you guys think of it.

We still have to work out the separation of items but this she still disagree with.

[yearsgone]

Just wondering, is the house in your name only?

[billm]

It seems to cover everything.

I didn't see the valuation for the cars as an asset - how is that figured in?

[Max22258]

Yes the house is in my name, the cars and jeep are worth about the same amount. So we agreed to split them, the motorcycle I had before we met so I keep.

[FL_Needs_To_Change]

I have one concern.
It is the issue that neither party even consulted a lawyer or legal representative on the language, and/or ramifications of signing this agreement.
I understand that although it clearly states that both have been advised that they have a right to legal council, there is no statement that the parties are of sound mind and body, and that they waive their rights as a result and that they will not, use this clause in future against the other for termination or for the betterment of one party over the other. Etc etc. I feel that this may be a loop hole for future litigation and nullification of this agreement.

Personally, if I was you, I'd take a half hour free consult with a lawyer that specializes in estate law, and make sure that the statement under "AGREEMENT & DISCLOSURE" IE "Each of us has been advised to obtain independent legal advice in relation to the specific terms and wording of this agreement." is indeed binding, and that there is no possibility that this agreement could be nullified in a Family court. Also if you do not have a “certificate of legal advise” can this still be binding?

[dovan]

I have one concern.
Personally, if I was you, I'd take a half hour free consult with a lawyer that specializes in estate law, and make sure that the statement under "AGREEMENT & DISCLOSURE" IE "Each of us has been advised to obtain independent legal advice in relation to the specific terms and wording of this agreement." is indeed binding, and that there is no possibility that this agreement could be nullified in a Family court. Also if you do not have a “certificate of legal advise” can this still be binding?

I agree I would have a legal counsel take a look at the agreement. There could be a loop hole in the legal sense that you are not aware of.

[Max22258]

I will certainly do that, befire signing this or her signing this, I have explained to her that she must see a lawyer and myself as well to ensure everything was fine. I still have some concern about the pension.

[FL_Needs_To_Change]

There are significant case law where one party to an agreement was either advised to seek legal council to review it or given a list of lawyers to contact for help regarding the language and ramifications of signing. This party still refused to seek legal advice, and signed, but eventually came back to nullify the contract in court. Since the other party had made a point of documenting that he/she had strongly advised that the other party bring the agreement for a lawyer to review before signing, when the agreement was taken to court the judge clearly found that the party seeking to nullify the contract (based on no legal representation) was indeed advised of such but being of sound mind and body continued to refuse to have legal advise, the contract was not nullified. Reason being the one party was given ample opportunity to seek legal advise but repeatedly refused it and chose to sign anyway.

Here is the site to search case laws.

CanLII - Advanced Search

[Max22258]

Thank you for the advice, I will see if I can find a lawyer, my common law wife actually have one paid by the province. She has a person named Julie Bergeron, but I do not know any lawyer and since I am paying all the bill I am a bit tight. I have told her to write an agreement to split the bill for the time she live here.

Thank again, you have been such great help.

By the way the agreement was reviewed by a lawyer in Nova Scotia a long time ago, I just edited the content but not the paragraph you mentionned.

[Max22258]

ok I need recommendation for a good lawyer in Hawkesbury, she is trying to get an injuntion to whatever, cannot find out what but got the answering machine messages that was talking about it.