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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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  #11  
Old 11-15-2013, 10:36 AM
yhm yhm is offline
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Sorry to be the bearer of bad news, but in my opinion (as somebody who has read the law but is not a lawyer) there is not a chance that your agreement will hold up. If you haven't done so already, visit canlii.org and search for decisions. You will see over and over that "final" agreements are overturned because they are not consistent with the divorce act.

Unless your agreement is consistent with the divorce act, and you pay table child support, and there was full disclosure, and there was informed consent, I don't see a court upholding it.

If you haven't done so already, hire a lawyer. You are going to have to relitigate all the issues.
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  #12  
Old 11-15-2013, 06:09 PM
Lava Lava is offline
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Even though we both had input into the agreement, her more so than me, the distribution of the assets was her choice, a judge didn't see an issue with it and signed off on the final order?

Why should this be overturned because my ex has now changed her mind and is using this as an excuse?
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  #13  
Old 11-16-2013, 01:23 AM
stripes stripes is offline
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The more I hear of your story, the more I revise my initial opinion that you have a strong position because a judge signed your divorce order.

If you didn't provide any financial disclosure, your ex could not have made an informed and voluntary choice to accept the terms in your divorce order. The reason why you didn't provide disclosure is irrelevant, and so is the question of whether you or she were the one who proposed the terms in the divorce order. The point is that your ex did not have the information she should have had at the time she signed the agreement, and you were the one responsible for providing it.

Reading between the lines of your posts, it sounds like your ex also received less than she would have if you had both followed the standard division of assets and debts. This division might be okay if she had access to all your financial information and agreed to an unequal division anyway, but not if she was lacking that information. It sounds like you should get yourself a lawyer and try to figure out how to make this right. You may owe a lot of money.
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