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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
01-13-2022, 09:09 PM
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From a bit of family caselaw I read, but don't know how to find it. I recall 2 different cases that both involved lawyers sending the agreement to the other lawyer for signing.
After it was signed and sent back it never came back. The offer was made and written up by the non-signing party and the judge said, too bad you made it and it was signed in good faith so it is binding. did they ever start the divorce / separation process in the courts? 
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#22
01-13-2022, 10:12 PM
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Thats exactly what happened. Their lawyer prepared and sent it. My partner signed it and sent it back and nothing happened. They didn't sign it and send it back. They are the ones that drafted and prepared it.
The divorce paperwork is ready to go, my partner has already paid for it all and signed it, it just needs their signature. Now that their finalized separation agreement is ready there should be no issues why they can't sign the divorce paperwork. Just stalling for some unknown reason. It's not started in the courts yet.
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#23
01-16-2022, 10:55 AM
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Following this...
Just waiting to see if my partners ex has filed the paperwork..he will sign in a heartbeat..
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#24
01-17-2022, 10:19 AM
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So my partners lawyer has now filed their "finalized separation agreement" with my partners signature and the divorce documents, again with my partners signature, at the court.
What happens next in this process? So my partners lawyer had drafted the separation agreement and sent it, my partner signed and sent it back and heard nothing Now the agreement and the divorce has been sent to the court and apparently the ex served. So now we just still wait for his ex to sign everything? I think it's good it will be filed with the court system. They've had all sorts of custody issues. Including his ex moving to another city without consent years back, changing their custody agreement. I could easily see her running to another province with the kids, etc, Makes me wonder why she won't sign though. Will the court force her to either contest or sign?!!
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#25
01-17-2022, 12:16 PM
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I feel like this is going in circles.
Did the other party sign it? If everything was done your lawyer there would tell you what happens.
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#26
01-17-2022, 12:46 PM
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I don't know. There's been so many mistakes by both lawyers. I guess I'm just wondering why would his lawyer send the separation agreement and divorce to the court if it didn't have his exs signature yet.
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#27
02-27-2022, 10:42 AM
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My partner has now signed an acknowledgement with the court, for divorce and his ex has signed this also. So the divorce is now going through the court system.
A month passed with no word, and my partner's lawyer sent him for 36A, an affidavit for a divorce certificate. Will the divorce be granted through the court system without requiring his exs signature through this means? (providing she doesn't contest it)..? Wondering if the court will just push it through with the form 36a? Hopefully no ex signature required??
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#28
02-27-2022, 08:38 PM
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Why is it so hard to get the divorce? Eventually though, at some point the court should just push it through to finalize it without the other parties signature?
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#29
02-27-2022, 09:18 PM
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The wheels are turning, but yes, it can be a difficult and drawn out process. I'd encourage you to read here, it's a good summary of the process and timeline:
https://www.mediate393.ca/scj/notice/ You can scroll to section H, most relevant to where you are now.
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