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updating seperation/divorce agreement

Posted in Barrie, Children, Divorce, Location, Ontario by Questions on February 25, 2014

I have been seperated/divorced since 2002.
At that time I had 3 dependants living with me. The boys have grown up and two are now adults, ages 21 and 23 and live independently. The youngest boy age 15 still lives with me.
My agreement is based on three children in my care and states that my full life insurance will go to my ex-husband.
I am engaged to be married and want to inquire as to this agreement needs to be updated. My ex-husband has no contact with the youngest.
I am anxious to make sure that I have updated this agreement including the insurance policy should legally there be a reason.
My ex-husband has almost no contact with the older two boys apart from holidays and is not supporting them finanically or emotionally.
Can my agreement be changed using a child lawyer to determine what is in the best interest of my son?
Thank you

1 Expert Comment

  1. On February 25, 2014 at 8:37 am
    A Family Lawyer said:

    The life insurance may either be term, whole, variable or universal. You agreed to maintain certain insurance that may have renewed or its terms are coming up for renewal. You would consult with a lawyer to interpret any clauses obligating you to obtain replacement life insurance in the event the existing insurance lapsed. You could change the policy amount of the life insurance to be 1/3 of the original policy amount. It would be appropriate to do so on notice to him. Your existing Will does not survive the contemplated marriage. You would need to have a lawyer review the agreement to determine whether you need to have the agreement updated or not. It is not possible to comment on documents not reviewed. There are no issues in respect of the two older boys in respect of the agreement. There are no custody, access or child support issues. You would not change the agreement for the two older children. Given your ex-husband does not have contact with the youngest boy there is no reason to involve a child’s lawyer.

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