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Legal Ease
Legal Ease, Lawyer
Category: Canada Family Law
Satisfied Customers: 100964
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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I signed my separation agreement without a lawyer, I signed

Customer Question

I signed my separation agreement without a lawyer, I signed a waver stating I signed without a lawyer. My ex had 30 days from the date I signed to follow through with his half of the agreement which was to remove my name from our boat loan and his rrsp loan. He failed to do that. Just recently I see that he paid off those debts but my name is ***** ***** them. Is there anything I can do to change what I want from the separation? I had to call cas on his girlfriends daughter for touching my daughter inappropriately. I want full custody of our daughter not shared and I want child support.Is it worth me getting a lawyer and going to court, how much will this cost me? What are my best options?
Submitted: 1 year ago.
Category: Canada Family Law
Expert:  Legal Ease replied 1 year ago.

Hello! My name is***** you for your question. I'm reviewing it now, and will post back again shortly.

Expert:  Legal Ease replied 1 year ago.

What province is this please?

Customer: replied 1 year ago.
barrie, ontario canada
Expert:  Legal Ease replied 1 year ago.

In Ontario you can get a separation agreement signed if there was no independent legal advice.

As well, custody and access can always be changed even if there is an agreement. The test is always what is in the child's best interests. So you can seek to vary the agreement relating to custody because of this abuse even if the separation agreement would stand.

And child support is the right of the child so regardless of what the agreement says if the child lives with you at least 60% of the time you will get child support.

Your next step should be to consult with a lawyer as soon as possible in your city.

Yes it is well worth seeing a lawyer about this.

Does that help as a starting point?

Please feel free to post back with any follow-up questions you may have. If you don't have any then I hope I have earned a 5 star rating but if you don't feel that I have please don't hesitate to reply back and let me know what more I can do to assist you. Finally, please know that even after you rate me I will be here for you and you can ask follow-up questions if you think of them later on at no further charge of course.

Customer: replied 1 year ago.
what about spousal support and entitlement to the house or his pension? Can I get anything from that? He manipulated me into signing this agreement and I cannot believe I fell for this.... If we both have her 50/50 and I make less money am I still entitled to support? Am I entitled to more custody regardless of the abuse? My daughter tells me she wants to stay with me all the time. How much do you think it will cost me in lawyers fees?
Expert:  Legal Ease replied 1 year ago.

CPP retirement pension you can get no matter what the agreement says.

But for the other issues you will need a lawyer to apply to court to set aside the agreement.

Customer: replied 1 year ago.
His pension is with the TTC (Toronto Transit Commision). How much do you think this will cost me in lawyer fees?
Expert:  Legal Ease replied 1 year ago.

I cannot know what it will cost because it depends on how much the lawyer has to do.

It will be expensive.

But sadly that is what happens when someone fails to get legal advice at first.

These mistakes tend to be very costly.

I am sorry about that but I have to be honest with you of course.

Customer: replied 1 year ago.
I appreciate your honesty, If I were to take this to court myself what forms would I need to get?
Expert:  Legal Ease replied 1 year ago.

Honestly, this isn't about forms. You have to start a lawsuit in Superior Court. You will not be able to have this separation agreement set aside yourself. It is highly complex law and even a lawyer would require their own lawyer rather than self representing. You will be wasting your time and will become totally frustrated for no reason. As well, if you take him to court and lose you will get stuck with his legal fees.

Expert:  Legal Ease replied 1 year ago.

Is there anything more I can help you with at this point in time?