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Can I open up my divorce settlement?

Posted in Location, Ontario, Property, Sarnia by Questions on July 4, 2014

Can I open up my divorce settlement or is there a statue of limitations?

1 Expert Comment

  1. On July 4, 2014 at 8:39 am
    A Family Lawyer said:

    A divorce settlement may be set aside or varied, depending on the circumstances. For example, there is provision in some legislation as to setting aside a separation agreement (section 56 of the Ontario Family Law Act). Also, there are procedural rules establishing some circumstances in which a court order may be set aside or changed (Rule 19 of the Ontario Family Law Rules). The limitations would apply from the discovery of the information which supports the setting aside or varying of the settlement, although this does not replace legal advice and is subject to the circumstance of the case. However, there may also be situations in which there appears to be grounds to set aside or vary the settlement, and in fact the recourse is against the lawyer providing advice and representation on the settlement. You would need to consult with a family law lawyer to determine whether or not the circumstances are appropriate to set aside or vary the settlement, and if not then you would need to consider and obtain advice on what recourse you may have.

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