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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
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Experience:  Lawyer
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Me and my wife want to sign Separation agreement after 16 years

Customer Question

Me and my wife want to sign Separation agreement after 16 years of separation. We use form from:
http://www.lawdepot.com/contracts/separation-agreement-canada/?loc=CA#.VbTny_ntlBc
1) Do you have any opinion concerning forms from this place?
2) We was living in condo. Me, my wife and her sister are the owners. Could the condo be treated as Marital Home?
3) I would like to transfer my interest in this condo to my wife. Ii is enough to state in Separation agreement “husband will transfer his interest in the Marital Home to wife”.
Or I should sign special title transfer?
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Using a template that you obtain online for something that is so important is exceedingly risky. In your case, because this is a domestic contract it is very likely this agreement could be set aside by the Court. To prevent a domestic contract from being set aside you both need to make full disclosure as set out in sworn financial statements and you both need independent legal advice. If you don't do this then the document is likely not worth anything. To be sure you protect yourself you should be retaining a family lawyer to do a simple separation agreement and then your spouse should take the agreement to her own lawyer for independent legal advice.Separation agreements are not that expensive if the issues have been resolved and independent legal advice is not expensive at all. A court battle to set aside the agreement and to have the issues then resolved is prohibitively expensive. The condo is your matrimonial home if you and your spouse were living in it at the time you separated. You should not agree to transferring your interest to her and you certain should not transfer the interest to her without independent legal advice.

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