This is my first post, but I have been checking out the forum for about a week now. I really admire the support you give to each other and I'm hoping that some of you may have some advice for me.
My divorce is not the problem - friendly and uncontested - just waiting for the Divorce Order in the mail. The problem is with my fiance's divorce.
In September 2004 his wife walked out and disappeared for over a month. Neither he or the kids (18 and 15 at the time) knew where she was. Since the mortgage was months from being paid off, my fiance (let's call him X) wanted to keep the property (she held a few part time jobs, but didn't really provide much income throughout the marriage, 20 years), He had a separation agreement drawn up, which covered EVERYTHING (one of the best I've ever seen!)
The agreement provided her with a $20,000 settlement, for which she waived all rights and claims to spousal support and property, among other things. The agreement also states that it is a "full and final settlement" and can be used as a complete defense to any further claims. "X" even had to pay for a lawyer for her to consult before signing it (we have the bill)! He also had to pay off all debts, and had to re-mortgage in order to do this.
Her first question after signing the papers was "When do I get my $20,000?"!
All of this happened before I even met "X", two years later. "X" tried to file jointly, she refused, so he went ahead and had her served. She has filed an answer and is now asking for spousal support, equalization of net family property (both of which she waived) and an order to set aside the separation agreement! Her reasons? She was under stress (never sought help for), not individually represented (she was), was under duress to sign (the agreement states that neither party was coerced, etc.) and that the agreement was biased in favour of him (he paid for everything)!
"X" has requested a case management conference (July 27) but the stress over this is killing him. Add to that we are burying his son June 24th (he died suddenly at 23 last year) and you can imagine the stress he (and I) are under).
Does she even have a chance at winning any of this? Nothing in the house now was here before she left, and "X" and I have built a nice life together. If she wins this, we'll lose the house, putting us and my 12 year old son on the street!
We are consulting a lawyer, but any advice you may have would be greatly appreciated!
My divorce is not the problem - friendly and uncontested - just waiting for the Divorce Order in the mail. The problem is with my fiance's divorce.
In September 2004 his wife walked out and disappeared for over a month. Neither he or the kids (18 and 15 at the time) knew where she was. Since the mortgage was months from being paid off, my fiance (let's call him X) wanted to keep the property (she held a few part time jobs, but didn't really provide much income throughout the marriage, 20 years), He had a separation agreement drawn up, which covered EVERYTHING (one of the best I've ever seen!)
The agreement provided her with a $20,000 settlement, for which she waived all rights and claims to spousal support and property, among other things. The agreement also states that it is a "full and final settlement" and can be used as a complete defense to any further claims. "X" even had to pay for a lawyer for her to consult before signing it (we have the bill)! He also had to pay off all debts, and had to re-mortgage in order to do this.
Her first question after signing the papers was "When do I get my $20,000?"!
All of this happened before I even met "X", two years later. "X" tried to file jointly, she refused, so he went ahead and had her served. She has filed an answer and is now asking for spousal support, equalization of net family property (both of which she waived) and an order to set aside the separation agreement! Her reasons? She was under stress (never sought help for), not individually represented (she was), was under duress to sign (the agreement states that neither party was coerced, etc.) and that the agreement was biased in favour of him (he paid for everything)!
"X" has requested a case management conference (July 27) but the stress over this is killing him. Add to that we are burying his son June 24th (he died suddenly at 23 last year) and you can imagine the stress he (and I) are under).
Does she even have a chance at winning any of this? Nothing in the house now was here before she left, and "X" and I have built a nice life together. If she wins this, we'll lose the house, putting us and my 12 year old son on the street!
We are consulting a lawyer, but any advice you may have would be greatly appreciated!
Comment