I have read and read and read and have not really found what I am looking for. My to-be-exwife's father created a separation agreement for us. I was under the impression that if I did not sign this, that she would take everything as I did not know my rights.
On this separation agreement, it does not actually say 'Separation Agreement'. It also does not say that we have both had the opportunity to see legal counsel before signing it and that it was signed without influence from other. From what I have gathered, this is not a binding agreement. At the top, the paper does say that this is a consensual agreement between myself and my ex and that we both wish for this agreement to be binding. From what I have heard though this does not make a difference.
This agreement was only witnessed at a notary, however no lawyer was ever involved on either side to help ensure everyone had full knowledge of their rights.
I now know that I am entitled to more than I thought and that she can't take everything, regardless of why we ended the marriage. We do not have children and were only together for about 6 years, and married for about a year and a half.
From what I have read, unless you have had legal representation, or at least indicate on the agreement that you have waived your right to such, this original thing that I was talked into signing is not valid.
Is this true?
Thanks.
On this separation agreement, it does not actually say 'Separation Agreement'. It also does not say that we have both had the opportunity to see legal counsel before signing it and that it was signed without influence from other. From what I have gathered, this is not a binding agreement. At the top, the paper does say that this is a consensual agreement between myself and my ex and that we both wish for this agreement to be binding. From what I have heard though this does not make a difference.
This agreement was only witnessed at a notary, however no lawyer was ever involved on either side to help ensure everyone had full knowledge of their rights.
I now know that I am entitled to more than I thought and that she can't take everything, regardless of why we ended the marriage. We do not have children and were only together for about 6 years, and married for about a year and a half.
From what I have read, unless you have had legal representation, or at least indicate on the agreement that you have waived your right to such, this original thing that I was talked into signing is not valid.
Is this true?
Thanks.
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