Canada Family Law
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Answered in 5 minutes by:
11/3/2013
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 147,322
Experience: I am a practicing lawyer and have also been an online professional for 12 years.
VerifiedThank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Are you saying she is asking for an increase in support now?
And if so what has changed that has made her ask for this?
Does the agreement provide for the duration of support?
Does it talk about variations, reviews or what a material change in circumstances can be?
How long were you married for and if you lived together first how long did you live together?
When did you separate?
To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.
But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.
Are you saying she is asking for an increase in support now?
And if so what has changed that has made her ask for this?
Does the agreement provide for the duration of support?
Does it talk about variations, reviews or what a material change in circumstances can be?
How long were you married for and if you lived together first how long did you live together?
When did you separate?
The lawyer is incorrect. If she didn't agree then why did she allow this to happen for a full year?
In terms of the divorce she can get a divorce at once. You've been separated for over a year so there is nothing you can do to stop her.
The separation agreement appears to be unusual as it's rare that the same amount of support would be agreed to for life. How can you manage the same level of support after retirement?
Generally agreements where there has been a long marriage contemplate some material changes such as a bona fide retirement, a bona fide drop in pay, a catastrophic event, the recipient entering into a spousal relationship. So I am surprised that this is missing.
Also the agreement likely contains a provision that talks about dispute resolution. It may say you need to mediate before going to court.
So if that's the case your next step could be to propose mediation.
If not you can still propose this.
Or you can say you will let a Court decide but the lawyer should know that your strongly held view is that retirement is a material change in circumstance necessitating a reduction in support and this has already been agreed to and you are surprised to hear from the lawyer and you will not be increasing support at this point.
In terms of the divorce she can get a divorce at once. You've been separated for over a year so there is nothing you can do to stop her.
The separation agreement appears to be unusual as it's rare that the same amount of support would be agreed to for life. How can you manage the same level of support after retirement?
Generally agreements where there has been a long marriage contemplate some material changes such as a bona fide retirement, a bona fide drop in pay, a catastrophic event, the recipient entering into a spousal relationship. So I am surprised that this is missing.
Also the agreement likely contains a provision that talks about dispute resolution. It may say you need to mediate before going to court.
So if that's the case your next step could be to propose mediation.
If not you can still propose this.
Or you can say you will let a Court decide but the lawyer should know that your strongly held view is that retirement is a material change in circumstance necessitating a reduction in support and this has already been agreed to and you are surprised to hear from the lawyer and you will not be increasing support at this point.
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 147,322
Experience: I am a practicing lawyer and have also been an online professional for 12 years.
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