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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 97977
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Thank you in advance. I live in British Columbia, Canada. I

Customer Question

Hello and thank you in advance. I live in British Columbia, Canada. I had been trying to get my divorce settled for 5 year since my ex wife had left and requested a divorce. We had most things settled including primary residence of our two children, which
I won. I let her have most everything including all proceeds of our house, part of pension, she drained out mutual bank accounts as well as the children's accounts and began selling all my tools, etc. I just wanted to move on with my life. However, she still
wouldn't grant me a divorce by signing off the papers. Last two years I was under great stress with my work situation (going on workers comp and now packaged out - I have no job currently but am still trying to provide for my two children who live with me
as well as currently my 2nd wife of 1 year and 3 step children). In order for me to move on with my life to remarry a year ago I signed off on a supreme court final order to pay her an additional 16,000 which she claims came from a rrsp which I used to purchase
a new home for myself and two children from this marriage. I had no legal representative - could not afford a lawyer, was under great stress, seeing my family doctor and a psychologist. In order to marry my new wife and finally move on with my life, I felt
I had to sign this paper so I did. However, since this time I have realized many discrepancies regarding what she had said regarding my yearly salary, etc. I was not able to pay the 1st instalment as I was on workers comp and could not afford a lawyer. Since
then she has made a seize on the land title of my house (can't sell it, etc), has seized my bank account which took all money out of it - even though I am on workers comp. I am hoping to save money by filling out my own forms and representing myself the best
I can. I am wanting to get a judge to look over this judgement regarding the 'property' payout to my ex, because it never was ordered by a judge, it was an agreement signed by myself under stressful circumstances of 5 years of fighting and personal stress
on my part and I now feel was unfair due to her keeping assets from family home, etc. What forms would I fill out to get a court to actually re-look this situation. I am now trying to find a job, father and primary for two children as well as a wife and 3
stepchildren. I just want what is fair. I need advice of how to stop being harassed by my ex by getting a judge/court to re-look this money that my ex feels she is entitled to. What forms do I fill out and file in court in order for a review and/or other such
advice on top of this that I can help in my situation to finally be done with her trying to squeeze every cent I have. Another issue is that I am having an issue with our oldest boy. I have requested my ex to please take him in and allow him to live with her.
She refuses to take him saying it's court ordered that he lives with me, that she lives in a small apartment (2 bedroom) and that she works and has no time. Is there something I can do for her to step up and parent our child and allow him to live with her?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

There are two questions. One is about custody of your son. The other is about the settlement. I can only answer one of the two questions on this post. Let me know which one you would like for me to answer and I will do so.

Then you can start a new post for the other question.

Customer: replied 1 year ago.
Sorry, the settlement is most important as I need to figure out what to do and fill out to get this reviewed. I've put it off far too long. I am considering purchasing the unlimited questions for this site. Thanks.
Expert:  Legal Ease replied 1 year ago.

I am very happy to help you sort through all of your issues.

With respect to the settlement, it is not unheard of though it is not common, for a court to set aside a separation agreement. The court will generally do this where one of the parties did not have independent legal advice, where one of the parties was unduly pressured by the other, or where there was not complete frank and honest disclosure.

The court is more likely to set aside a separation agreement where it is truly unfair to one of the parties.

This is a very complicated issue and it is never easy to succeed in trying to do this. While I understand that you are not able to pay for lawyer to fight for you what I strongly advise is that you first consult with a lawyer face to face just for a consultation. You should find an experienced family lawyer who is willing to give you a one hour consultation for a reasonable fee. You can tell the lawyer the facts in a succinct way and show the lawyer the document and the lawyer can give you an honest opinion as to whether or not it is worth you trying to set aside the separation agreement. If you lose in court you may very well have to pay for a portion of your former spouse's costs. So if you lose you could be further behind than you are now unfortunately.

Does that help?

Customer: replied 1 year ago.
Unfortunately, I am already having to pay her fees. Can I just upload the document for you to scan through?
Expert:  Legal Ease replied 1 year ago.

Unfortunately, I'm not permitted to do that because I'm not your lawyer. The way this works is that I can provide you with all the general legal information you need. But, I cannot actually provide legal advice. That is unlawful because you are not my client. So I can guide you as best I can through this online process, I can try to suggest ways on finding a lawyer, and I can even help you think of how to best use your time with the lawyer when you are going to see a lawyer face-to-face. But, I just cannot take the place of your own lawyer and I am very restricted as to what I can.

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