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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #21  
Old 09-03-2021, 06:29 PM
rockscan rockscan is offline
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She will have a hard time reopening a file that was signed off on in court. Even claiming she didnt know english. Judges dont normally sign off on agreements when the person hasnt had legal advice but I could be wrong.

Your ex made a boneheaded decision ten years ago and thinks she can cry foul. It wont go far is my opinion.
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  #22  
Old 09-03-2021, 07:01 PM
gmcode gmcode is offline
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she claims she didn't receive independent legal advice either. could this be a strong excuse to set aside a previous order or agreement?
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  #23  
Old 09-03-2021, 07:02 PM
rockscan rockscan is offline
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Did she sign it saying she had ILA? Most agreements say both parties had it. Again, it would be up to the judge and how they look at the timeline. Coming back ten years later after marrying and not communicating makes her look bad.
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  #24  
Old 09-03-2021, 07:26 PM
gmcode gmcode is offline
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there is a clause in the separation agreement sayiing:

20. Independent Legal Advice and Financial Disclosure

The husband and Wife each represented and acknowledge that he or she:
a. Has had Independent legal advice or has waived their right to obtain such Independent legal advice or wishes to enter into this agreement without the benefit of the Independent legal advice;

b. Has read the agreement in its entirety and has full knowledge of the contents;
c. xxxxxx

The agreement was signed at a lawyer's office with witness/interceptor. the lawyer took care of the rest of process at the court, and we eventually received divorce order from SCJ in mail several months later. A summary of the important facts was attached to the order, but the original 10 page signed separation agreement was not included. She is claiming the separation agreement was not incorporated, not binding, should be NULL.
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  #25  
Old 09-03-2021, 11:00 PM
Brampton33 Brampton33 is offline
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Quote:
Originally Posted by gmcode View Post
She is claiming the separation agreement was not incorporated, not binding, should be NULL.
Now claiming ignorance is no excuse. She signed the agreement. She had every opportunity to speak to a lawyer to understand the implications, yet still signed it. It is binding.

My ex is trying to cry the same thing. She was represented for 95% of our proceedings. She had the proposed separation agreement (joint custody and equal parenting) in hand for 2 years and discussed it at length with her lawyer. The offer never changed throughout all of our settlement conferences while represented. She then dropped her lawyer at the tail end just before she signed the agreement. Now she turns around and claims she was not represented during the time of signing of the agreement and therefore it should not count. That is bull.
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