1-877-668-9386
Embaucher un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

agreement

Anonymous Asked:

My wife and i seperated several years ago and I signd a seperation agreement with her lawyer without seeking my own legal council. Is it binding or can I change my mind about the things i agreed to, such as giving her our marital home that was completely paid for?

Expert Comment:

Subscribe
Notify of
0 Comments
Oldest
Newest Most Voted
Inline Feedbacks
View all comments
A Family Lawyer
10 years ago

Generally, until the agreement is set aside it is a binding legal document enforceable through legal measures. Your title, ownership and rights to the house have already been transferred pursuant to the separation agreement and transfer of title and other real estate documents. In family law, domestic contracts may be set aside on grounds of failing to understand the nature and consequences of the agreement, or failing to disclose significant assets and debts, or otherwise in accordance with common law, i.e., duress, coercion, absence of independent legal advice, etc. However, the transfer of title pursuant to the separation agreement is not going to be set aside simply because the separation agreement is set aside. The signing of the separation agreement and transferring of title to the matrimonial home are two separate transactions. You should speak with a lawyer to discuss this situation, and possibly the best outcome may be to tie in the consequences of having transferred the home in consideration of support issues, and therefore receive credit against any support obligations, but that would mean not seeking to set aside the agreement.

Latest Questions Asked:

DC Icon

Separation Agreement in Place but Ex Won't Withdraw Answer: Can Divorce Be Granted?

Hi, I had filed for a divorce in court as my spouse and I were unable to reach an agreement and he was being non-cooperative in terms of trying mediation. He filed an answer to my divorce application. In the last few months, we have been able to reach ...

DC Icon

What Happens if My Spouse is Hiding Assets During the Divorce?

Divorce is a challenging process, and it becomes even more complicated when there are suspicions of hidden assets. In Ontario, as in many jurisdictions, spouses are required to fully disclose their financial situation to ensure a fair division of prope ...

DC Icon

Understanding the Legal Process of One-Sided Divorce in Canada

What Is One-Sided Divorce? One-sided divorce is possible in Canada without the other spouse's consent. This type of divorce can proceed even if the other spouse does not respond or agree to the divorce terms, making it a significant aspect of Canadian ...

DC Icon

What can you buy while you filling for a divorce

What can you invest on or buy while you are going through divorce

DC Icon

Preparing for Court: What to Expect in a Contested Divorce Trial in Ontario

Divorce is a life-altering event that can be emotionally draining and legally complex. When a divorce becomes contested, both spouses cannot agree on some or all of the key issues. This can lead to more significant challenges, as the court has to step ...

DC Icon

Do Divorce Lawyers Work on Weekends? Get Expert Advice When You Need It

If you've been wondering, "Do divorce lawyers work on weekends?" you most likely are experiencing the common truth that navigating the complexities of divorce can be challenging, and finding the right time to discuss your concerns with a divorce lawyer ...

See All Questions
magnifiercrosschevron-down
0
Would love your thoughts, please comment.x
()
x