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  Ottawa Divorce .com Forums > Main Category > Divorce & Family Law > Common Law Issues

Common Law Issues The law regarding common law relationships is different than in cases of divorce. Discuss the issues that affect unmarried couples here.

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  #1  
Old 06-12-2014, 09:27 PM
init'sowntime init'sowntime is offline
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I'm almost at the end of this fiasco. After the separation agreement going back and forth with her changing wording, changing her mind on a bunch of stuff and generally slowing things down (including her change of lawyers), we finally have agreed on the wording. Now, to sign.

My question is this: Who can sign? From what i've read the witness only has to be 19 and a canadian citizen. My ex has asked me through her lawyer who is going to witness for me. I don't think its any of her business. Because of her conduct in the community I live in, I am having a hard time finding anyone to witness. No one wants to get involved (very small community) because we all know one another. I named a few friends, and she veto'd them saying she wouldn't sign if any of them signed. I believe this is just another thing shes doing to delay this, and I don't think anyways that she has a right to be able to dictate who I have witness the signing.

I want to have my girlfriend sign. I have no one else to ask now that she has veto'd everyone I practically know here, and now she's trying to veto that too saying that she can't because she's my common law wife (but thats not true, we haven't lived together for two yrs, only since last march).

I think she will just veto anyone I suggest. can she do this?
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Old 06-12-2014, 10:46 PM
Serene Serene is offline
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Your CLW can sign. Ask her to put a smiley face after her signature
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Old 06-12-2014, 10:50 PM
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Rioe Rioe is offline
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For the separation agreement to protect you properly, it should be signed by a lawyer who certifies that they have given you independent legal advice about what you are agreeing to, and understand it.

The ex is right to not permit you to have anyone sign it willy nilly. You could just come back later and say you didn't understand what you were signing and have the whole thing thrown out.
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Old 06-12-2014, 10:55 PM
Serene Serene is offline
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Rioe, to be clear - the ex cannot dictate who signs/witnesss. She can refute all she wants by not signing herself, but she cannot dictate who is witness to her former spouse.
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Old 06-12-2014, 11:36 PM
init'sowntime init'sowntime is offline
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thank you serene. If my gf signs it can they refuse it? my ex has agreed to sign first, so once I sign the agreement it's done. then I have to go pick up the agreed upon chattels. after I get them, I will release the house transfer to her. then IM FREEEEEEEEEEE!
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Old 06-12-2014, 11:52 PM
Beachnana Beachnana is offline
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She signs, you sign she does not need to know who is,the witness. You can have someone at the court house witness, i witness my daughters for her. Ignore Ignore Ignore. I think that is something you need to learn from now on.
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Old 06-13-2014, 11:27 AM
stripes stripes is offline
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Independent legal advice is one issue. You should consider having a lawyer go over the agreement, so that you've got a certificate of independent legal advice (ILA), so you can be confident that the agreement is solid and can't be shot down if your ex decides she doesn't like it. This will cost you a little bit now, but could save you big time later. ILA is a very good idea, but it isn't essential.

Witnessing is another issue. Anybody at all can witness, including your gf. All that witnessing means is that the witness confirms that the person who signed the document is the same person who is named in the document, i.e. that you aren't signing a fake name or forging someone else's name on the document. A drunk homeless guy at the bus station can witness if you show him your driver's license first. If you don't want to find a drunk homeless guy, courthouse workers can witness.
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Old 06-13-2014, 01:38 PM
HammerDad HammerDad is offline
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If she signs first, then you sign, she won't have an opportunity to complain.

If you sign first, then she signs, she can make a stink. But she will look like a nutjob in the process. Who cares who the witness is?!??! She can't veto who you have sign as a witness anymore than she veto Obama out of office. Should it end up in court that she won't sign because you had someone she doesn't like witness your signature, expect a monumental reprimand by the judge.

Should you sign first, just go about as you normally would. Your lawyer will sign the ILA certificate, if there is one, or may also have to sign the agreement. But when she asks who you are going to have witness the document, simply answer with "I don't know, I will see who is available when it is time to sign." and move on. Should she persist, ignore it or simply state that who witnesses the document is not relevant.
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