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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100025
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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My husband and I were in the Caribbean last year when

Customer Question

My husband and I were in the Caribbean last year when we decided to split. He returned home and attended a bankruptcy meeting with his lawyer and the trustee. He then called me in the Caribbean informing me he removed my name from the bank accounts and was not getting any money. He paid a retainer for my lawyer directly and upon my return we began to negotiate. We initially agreed on $20k per month based on his income as a physician. He declared bankruptcy June 4,2015 and we agreed on a support amount in July of 2015. When he finally received money in August 2015, he gave me $15k as I was leaving for the Caribbean and said we had to meet with the lawyers upon my return. When we met again in September, he told me I would get nothing because he would stop working and use his addiction (he's been in the Physician Health Program for 15 years) as an excuse. My lawyer said at the time he was a wildcard and who knows how successful I'd be if I pursed it in court. I was forced to accept $10k in support which my husband offered or I'd have no money. I was also headed to bankruptcy myself, which my lawyer knew and did not want to purse debt. I gave her a diamond tennis bracelet with appraisal of $7700 and pearls with appraisal of $3100 as security. I declared in January 2016. My support agreement was for 3 years without review. My ex did not disclose any financial information, but I had done the books for the accountant and knew his gross income after business expenses to support the $20k we originally agreed on.
Was financial disclosure not required? My lawyer mentioned she was supposed to have it. I have read it is a requirement by law. I was also under duress as I had no income, my husband was not paying the mortgage or any bills during our separation, and Ii was receiving letters from Revenue Canada that they were now investigating me, and I knew bankruptcy was inevitable. Would I be successful if I challenged the agreement?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.
What province are you in please?
Customer: replied 1 year ago.
Expert:  Legal Ease replied 1 year ago.
You would likely be successful. I can't imagine that your lawyer is a family if she allowed you to sign a separation agreement without full disclosure.It is vital that both parties to a separation agreement have both independent legal advice and both make full and frank disclosure. This disclosure is usually proven by taking sworn financial statements and affixing them to the separation agreement along with the certificate indicating that you have received independent legal advice .You must retain a different lawyer from the one who has acted for you for the separation agreement if you wish to succeed.Let me know if you need any further clarification.

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