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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
09-03-2021, 06:29 PM
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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 don’t normally sign off on agreements when the person hasn’t had legal advice but I could be wrong.
Your ex made a boneheaded decision ten years ago and thinks she can cry foul. It won’t go far is my opinion. 
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#22
09-03-2021, 07:01 PM
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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
09-03-2021, 07:02 PM
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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
09-03-2021, 07:26 PM
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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
09-03-2021, 11:00 PM
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Quote:
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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