Announcement

Collapse
No announcement yet.

Separation Agreements...are the worth the paper they are written on?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Separation Agreements...are the worth the paper they are written on?

    My ex keeps telling me that the separation agreement, that was drawn up by a mediator & we both signed and had witnessed by each of our lawyers, is not worth the paper it's written on. Is this true? I have also heard something about having it registered with the courts. It this necessary? How and why would someone have a separation agreement registered? He is in the process of trying to ammend the agreement by bullying me with a lawyer with the threat of court looming. I am thinking I want to take my chances with a judge. Any thoughts?

  • #2
    If you both had independent lega council then it is a valid enforceable agreement.

    What is his excuse for saying that something he agreed to, and signed, is not valid - is he not valid?

    Comment


    • #3
      He says that he was not in the proper state of mind at the time, his lawyer was negligent by allowing him to sign it and that the mediator was a flake. When we separated he had a break down. He paid a high priced psychologist to blame me for that. I guess he forgot to tell this psychologist that he has a history of mental illness. We had been a part for more than a year when we finally signed the agreement. The lawyer that reviewed it and witnessed it was his third in a year. He kept changing legal counsel. The mediator talked him out of going to court for joint custody. I wouldn't agree to anything but sole custody of my daughter because of his mental illness issues. So basically he thinks he got the shit end of the stick so the agreement is nothing to him.

      Comment


      • #4
        Wait that last statement isn't completely true. The agreement means nothing to him unless it supports what he wants.

        Comment


        • #5
          scarycheri,
          Obviously your Ex is ticked off. Obviously he's not in the right state of mind very often, never mind when signing an agreement. However, if he had counsel it's completely valid as Billm has clarified.

          I do wonder why you allow him to continue to yank your chain 3+ years after separating? Why do you even speak to him?

          You don't need to speak to him during drop offs. You have sole custody so you don't need to get permission from him for anything. You even have his GF to deal with to arrange access. I for one think that's a good thing.

          Take your own advice of which you offered in the 'Manipulator' thread.

          Your daughter will soon be of an age when she can come to her own decision of how she wishes to persue her relationship with her Father. With maturity she will formulate the opinion that while he may not be the ideal Dad, she can still get together with him and spend some time and let his moodiness, nuttiness etc....slide off her back.

          Let him take you to court. It's not likely he'll be successful amending the existing agreement.

          As far as registering the existing agreement w/the courts, I'm not sure if it is absolutely necessary nor what the benefit of doing so would be. I've never had one. I've only dealt wiht Court Orders.

          Comment


          • #6
            Suchislife, You bet your booty he is ticked off. This all started because he dropped by my daughter's after school program to visit her without asking the program supervisor or myself if it was ok to do that. He threw everyon off because he is not listed on the paper work due to the fact that he would be able to pick her up at his leisure. You are also right about taking my own advice. After his last phone call I made the choice not to take his calls anymore. Thank God for call display. I don't speak to him during drop offs or pick ups. He usually knocks on the door and runs to his car. My daughter, who is almost 10, told her therapist that her Dad makes her feel like luggage when he does that. As for using his gf as a go between, we were doing that for a little while but she harasses me too. She has called me at work to make arrangements for a visit and engages me in a conversation about why I won't give consent for her and my ex to pick up my daughter from childcare at their leisure. The best one was when she asked me where I spend my child support because I was unaware that my daughter had blown a hole in her shoe at school that day and she mistakenly wore them to her Dad's instead of pulling out another pair from the closet. In January I had to cut her off because I couldn't stand it anymore. I now e-mail him if I need to communicate with him. This way I don't have to engage in a conversation and I can edit what I want to say as many times as I need to.

            Comment

            Our Divorce Forums
            Forums dedicated to helping people all across Canada get through the separation and divorce process, with discussions about legal issues, parenting issues, financial issues and more.
            Working...
            X