Material change in circumstances clause

[dickstacie]

I don't have a material change in circumstances clause in my separation agreement. I was not explained by duty counsel that it was an option to discuss when we went into a case conference. I have been reading case law, and it seems a lot of separation agreements have this clause or provision. It seems like for the most part, that that provision is widely used. I have no idea why something so simple was not explained to me. Does this mean that the issues with my separation agreement can't be varied because this provision is lacking? Any help would be good. I can't find one case law that has this provision lacking.

[logicalvelocity]

dickstacie,

The court reserves the right to set aside a separation agreement or any clause effecting the best interest of the child including custody, access and support of said child.

I do suspect that your separation agreement as a whole is not valid as full and complete financial exchange did not occur between the parties.

lv

[dickstacie]

Thanks again LV.

[dickstacie]

I was just going over all my papers and getting them organized. I noticed on my ex's financial disclosure pages that he left out his pension and amongst other things..his finances did not make sense. He paid for his lawyer, she should have known better..but it should end up helping me out.