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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 01-31-2018, 07:15 PM
e28makaveli e28makaveli is offline
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Default Clarification of consent clause

We are finalizing our settlement order and the consent form states the following:

"The parties certify that this order does not affect any party under a disability. "

I am interpreting this clause to mean that the order is not affected in the event of a disability of either party and this is not reasonable.

The response I am receiving from my ex-spouse's lawyer goes like this:

Quote:
The word disability refers to a legal disability such as mental impairment for which a guardian must be signed and involved.

If there was a disability the public guardian and trustee would need to be involved.

That is clearly not the case here.


In simpler terms, the consent is just for the approval of the order and the clause affixed is only for consent not the order itself.
Can someone please help me understand this?
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Old 02-01-2018, 01:01 PM
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blinkandimgone blinkandimgone is offline
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Consent for what?
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Old 02-01-2018, 01:04 PM
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If it is for the signing of the order, it means that no signing party is disabled in a manner that would prevent them from understand the terms of what they are signing. You are agreeing that you are in full control of your faculties and understand what you are signing.

Absolutely nothing to do with becoming disabled in any way after the fact.
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Old 02-01-2018, 02:03 PM
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Weird wording... "under a disability". You are either disabled or not. I would take this to a lawyer to review.
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