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  • Separation Agreement in Email

    Hi Everybody,

    I have discussed terms of a separation agreement via email with my former partner. My partner and I discussed these terms beforehand which offered them 25% of my assets instead of 50% of my assets (they would be considered as having $0 in assets). They replied to the email indicating that they agree to the terms. They also replied to my lawyer indicating that they would agree to these terms. Now my partner has suddenly decided to go against this agreement and is attempting to obtain more money from me. Do I have any recourse? Are email agreements at all admissible in court?

    Thank you for any help!

    Dazed And Abused

  • #2
    No.

    The Family Law Act states a domestic contract must be signed and witnessed. The discussions leading to the ‘agreement’ are arguably covered by settlement privilege.

    The value of the emails may be evidence of facts, but even that might be covered by settlement privilege.

    At this time you have nothing.

    Comment


    • #3
      There is a reason they go through all that bother of having people actually sign agreements.

      Anyhow, sounds like your agreement was prelawyer, so it would not even count anyway. "I told my lawyer that I was going to agree, then he told me that it was a terrible idea. Thank god I had a lawyer!"

      Comment


      • #4
        Originally posted by Janus View Post
        Anyhow, sounds like your agreement was prelawyer, so it would not even count anyway. "I told my lawyer that I was going to agree, then he told me that it was a terrible idea. Thank god I had a lawyer!"
        This is pretty much what happened with the parenting plan that I'm working on with our co-parent therapist. My lawyer looked at it- and said "Nope. No separate plan- put everything into the offer to settle/ final order. Also- don't agree to x,y, and z."

        He wants to avoid the airy fairy bs that ends up in most parenting plans- respectful communication, policing partners, etc etc etc...

        Comment


        • #5
          yes they are admissible. you can use it to demonstrate why you're in court. you reached an agreement and she changed her mind. she'll likely be asked by the judge to explain why she is changing her mind. I'm assuming it's something in the lines, my lawyer said to not agree. then her lawyer will likely be asked to legally justify her new position. it better be a good one!

          Comment


          • #6
            Originally posted by tunnelight View Post
            yes they are admissible. you can use it to demonstrate why you're in court. you reached an agreement and she changed her mind.
            Unless you signed an agreement, then you never reached an agreement.

            she'll likely be asked by the judge to explain why she is changing her mind.
            Almost certainly not.


            I'm assuming it's something in the lines, my lawyer said to not agree. then her lawyer will likely be asked to legally justify her new position. it better be a good one!
            "I told my client not to agree. Details are privileged. Now let's start arguing the case."

            Email agreements discussed before running it by a lawyer are so far from probative it is laughable.

            Comment


            • #7
              Form of contract
              55 (1) A domestic contract and an agreement to amend or rescind a domestic contract are unenforceable unless made in writing, signed by the parties and witnessed. R.S.O. 1990, c. F.3, s. 55 (1).
              Three key parts:

              - In writing
              - Signed by the parties; and
              - Witnessed.


              At best you've got 1 of 3. No signature and no witnessing.

              Even if you could somehow convince a court you met the formalities requirement of a domestic contract, you'd still have s.56(4) of the Family Law Act to contest with.

              Setting aside domestic contract
              56(4) A court may, on application, set aside a domestic contract or a provision in it,

              (a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;

              (b) if a party did not understand the nature or consequences of the domestic contract; or

              (c) otherwise in accordance with the law of contract. R.S.O. 1990, c. F.3, s. 56 (4).
              The fact that the moment she went to a lawyer and change her mind works in her favour.

              At best the emails may have some minor evidentiary value, depending on their content. But Tunnelight's predictions are incorrect. People can change their mind once they get legal advice, and they do not need to justify it.

              Comment

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