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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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Old 05-20-2014, 11:23 PM
init'sowntime init'sowntime is offline
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Default perjury question

if a settlement offer has been accepted, but then because of the other party not honoring the terms of the agreement, it falls through and can't be completed, is that misrepresentation valid? is it perjury or something else?
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Old 05-20-2014, 11:28 PM
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arabian arabian is offline
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You would have to provide more information. Sounds like a lot of finger pointing. I think you perhaps meant to say "representation" instead of "misrepresentation"?

Perjury is lying under oath or swearing an untrue document as far as I know.
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Old 05-20-2014, 11:31 PM
annapurna66 annapurna66 is offline
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If the offer to settle was accepted and signed....did you make the draft into a final order to be signed by the judge? If you make it into a final order then I believe that you can use the court system to enforce it....although I do not know what the parameters of your offer were? Maybe others on this forum can help but my Offer to settle was approved as to form and content by the other side and then filed with the court to change it into a final order...which is legally binding (which is a loose concept in my opinion)
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Old 05-21-2014, 08:52 AM
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Quote:
Originally Posted by init'sowntime View Post
if a settlement offer has been accepted, but then because of the other party not honoring the terms of the agreement, it falls through and can't be completed, is that misrepresentation valid? is it perjury or something else?
Is the offer to settle signed by both parties?

If yes, then it is a valid agreement and you can begin the process of having it made into an order. Once the order is issued you can then proceed to seek enforcement of the order through a variety of means.

But, one has to seriously consider what terms have not been honoured. 90% of most separation agreements cannot be enforced and are just "good will statements" between the parties. Statements that the court will not enforce.

The court only likes to enforce serious issues of custody, access and child support payment. That is why your court order should stick to the trinity of CS, access and custody. Leave all the other BS out of the agreement.

Good Luck!
Tayken
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