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Is the notarized agreement she signed binding ?

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Anonymous Asked:

Hi. I am British, now married to a Canadian woman for past 5 yrs.
We have been co habitting previously for 8 yrs, but I am am only a tourist by status, as she always delayed sending off my PR Application forms. She sent the forms off finally this year, and just as a decision on my PR was imminent, she has filed for separation. Her lawyer is asking for Equalization of property, etc.
I have one house here in Ontario, on her name and several in MY name in UK which I bought before our legal marriage 5 yrs ago.
Furthermore, prior to our legal marriage, and also once afterwards, she signed notarized agreements saying she waives any claims to my property here or worldwide, and that she has no rights to any inheritance I may receive, and also that the house here in Canada where we live is not considered a Matrimonial home (as she embezzled funds previously from our home to give to her brother a few years ago).
Is this contract (witnessed and signed, in front of a lawyer, and notarized in Ontario), binding?

She has stolen everything from me thus far as I was foolish enough to bring over vast sums of money here from the UK by refinancing my properties there, and I bought properties here, in HER name, for our future, and she and her brother sold them off unbeknownst to me over the years till there was nothing left. She is a full Canadian citizen. We have an 9 yr old son together.
I have no status in the country and she is asking for full custody, child support, alimony, etc. It is actually ME who should be claiming because I have not been allowed to work for the past decade or so as I am not a Landed Resident.... she has dragged this on with false promises.In the mean time, she has built herself a very lucrative career, and earns in excess of $160k a year. Please help. I am completely distraught and broken.
If this is too much, can you just address the issue of the personal agreements and whether they are binding or not?
May God Bless You!

Expert Comment:

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Andrew J. Kania, LL.B., LL.M.
6 years ago

Answer: Thank you for your questions. First, it is obvious that you need legal assistance, so I strongly recommend that you call me at: (866) 557-3222 for a free consultation.

I will still provide you with some general information below.

In terms of the enforceability of the agreement, any responsible lawyer would reply by stating that they cannot comment on the enforceability of an agreement without first reading it. You are welcome to email it to me, and I am willing to read it as part of the free consultation. I will quickly know after seeing it. In particular, I will be looking to see if there was independent legal advice and financial disclosure prior to the signing of the agreement. They are not determinative, but they are important considerations.

In terms of her income and otherwise, it would appear that you have strong claims against her, including for spousal support and potentially for an unequal division of net family property pursuant to section 5(6) of the Family Law Act, given her conduct as relayed above by you. I will comment further if you call me.

I do wish to note that your status in Canada does not prevent the claims noted above from being determined here. As long as one (or both) of you have ordinarily resided in Ontario for at least one year prior to the Application being commenced, which appears true based on your above summary, then the Ontario courts will decide the case here, regardless of your personal status in Canada.

You have raised multiple issues, and you do need help. Once again, I very strongly recommend that you telephone me for a free consultation.

(The information provided above is general, not legal advice, as circumstances vary from case to case. Thus, if you wish legal advice that you can rely upon for your specific case, please contact Andrew Kania for a free consultation).

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