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Did your ex-spouse have independent legal advice before signing the agreement?
Was there full financial disclosure before signing the agreement?
Hello, as for independent legal advice before signing the agreement - no, this was a joint agreement.
Yes, there was full financial disclosure.
The motivation for my question is that I will purchase a property with a business partner and I want to make sure my ex-spouse upon hearing this will not try to come back for more alimony since I already paid a lump sum (close to $10,000 CAD).
Well, the problem is that because your ex-spouse did not have independent legal advice it is possible that the agreement could be set aside by the Court.
But if the agreement was fair then that would not likely happen.
What may make sense for you now, is to briefly have a lawyer review the financial information, your facts and the agreement to see if it was essentially fair.
And the lawyer can advise you as to what your ex-spouse's chances of success are if there was an attempt to have the agreement set aside.
You can contact the Law Society and use their Lawyer Referral Service. You will be given the name of a lawyer and can consult with the lawyer and the first half hour will be free.
Let me find you the number to call.
Do you believe I should hold off on the purchase of the property until I receive the final divorce papers? Will that then rule out the possibility for extra spousal alimony?
The number is: 1-800-268-8326 or(NNN) NNN-NNNN(within the GTA)
That will not rule out the possibility unfortunately.
okay. Thank you very much.
You are very welcome.