Backtracking on a Sep agreement

[Jess]

Looking for some help on this one. I was informed the other day that my ex is going to withhold signing the transfer of RRSP papers that has already been worked out in the separation agreement as part of the equalization payment because they just remembered that they owned a vehicle prior to marriage 12 years before. The sep agreement was signed in November and this has just come to them now. The vehicle was sold 12 years ago just after marriage and the money was then used towards a family car, then another family car a couple of years later and then the last family car that I paid my ex out of upon equalization.

What is the protocol here - do they have a claim? Thanks for any answers.

 

[dadtotheend]

Pretty hard to change the rules after the agreement was made.

(There are people here who are pretty good at that though, so ask canadamama, she might be able to advise better )

If he continues to resist the protocol is to seek the court's assistance in enforcing the agreement.

What was the car worth when it was brought to the marriage?

 

[Gary M]

If you had independent legal advice (ILA) and signed, it's a contract and a court will only vary it if it can be shown to be grossly unfair. A court is verrrrrrrrrrryyyyyyyyy reluctant to reopen property issues once settled. In fact, I've been given to believe that it's almost impossible. The division of assets in my case was indeed grossly unfair and based on deception, but my lawyer advised me to just let it go, as I'd be pissing in the wind (and pissing my money away) if I tried to revisit equalization.

If you didn't have ILA, there's a little bit less weight behind the contract, but if it's reasonable it will be enforced.

As DTTE suggests, inform ex that he's blowing smoke and that you'll get costs if you take him to court. If he's not a complete moron, he'll see that it just ain't worth it.

Cheers!

Gary

 

[Jess]

we both got legal advice before we signed the agreement and the agreement stipulates that as well. The car was worth a whopping $10,000 and I can't honestly recall whether he still owed anything on it at that point or not. I know he's just being petty right now but I'd love to have some sort of link to the govern't website stating that this is ridiculous but I'm thinking this is too specific a question to find anything on to send him the link to.

 

[canadamama]

Pretty hard to change the rules after the agreement was made.

(There are people here who are pretty good at that though, so ask canadamama, she might be able to advise better )

If he continues to resist the protocol is to seek the court's assistance in enforcing the agreement.

What was the car worth when it was brought to the marriage?

I missed this when this comment was made - what was this about, DTTE??
Not sure what this had to do with me.