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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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  #1  
Old 06-10-2013, 09:49 PM
belikebuddha belikebuddha is offline
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Unhappy How to Invalidate Minutes of Settlement?

Is there any chance on earth of invalidating Minutes of Settlement signed by both parties, with ILA present during negotiations, due to mulitple mistakes, omissions and poorly written sections? (Besides Material Change in Circumstances as pertains to financial matters?)

All errors are being used as weapons against me and hailed as the Letter of the Law between us, since all errors and omissions (so far) are to his advantage.

Thanks.
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Old 06-10-2013, 10:24 PM
belikebuddha belikebuddha is offline
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nope, no Judge has even seen it. I have been praying for some negotiations to change/add/edit the problems before I file it with the paperwork to formalize the divorce. Everything in court was put on hold in order to mediate and never recommenced.

I'm hopeful that you are right and it will be relatively easy to fix.
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Old 06-10-2013, 11:38 PM
stripes stripes is offline
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If both parties have signed it and you've both had independent legal advice I would think the odds of being able to change it unilaterally are pretty small. The mistakes would have to be huge and fraudulent, not "poorly written". If you and the other party can come to an agreement about the paragraphs in question, you might be able to write up an agreement along the lines of "we agree that paragraphs xxx shall be interpreted as follows ..." which you would both sign. Otherwise, I suspect that you're looking at initiating an entirely separate motion to change the substantive areas where you believe the minutes of settlement are inadequate. But then I'm not a lawyer, nor do I play one on TV.
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Old 06-11-2013, 12:57 AM
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arabian arabian is offline
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My ex takes me to court bi-annually. One of his recent antics was to challenge the working in the divorce order (rendered 3 yrs ago). My lawyer simply requested meeting with judge in chambers after a brief round of letters - of course my ex and his lawyer had a fantastic interpretation.

In chambers the judge literally laughed at ex's lawyer and exact words were "Mr. xyz, if we were to interpret the order as you have requested the Canada Divorce Act would have to be changed."

While my ex was unsuccessful I thought it was interesting that my lawyer simply wrote a letter to the judge requesting "interpretation" of the divorce order.

Maybe you can simply itemize your discrepancies and send a letter to opposing counsel. In letter you could possibly have your lawyer suggest that you hope that the issues should be resolved without having to meet with a master/judge.

Very frustrating position. I think we have all learned at one time or another through this family law process that our lawyers are not infallible and we have to be very careful to proof read everything before we sign. My lawyer likes me to read and sign things the same day. I do so to try to keep costs down. The old expression "penny wise and pound foolish" comes to mind though.

Good luck - I'd try to keep things as simple as possible.
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