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1/3/2010
VerifiedDid you lawyer understand that the value of the asset was misrepresented?
Did you have full financial disclosure and were the statements for the disclosure sworn?
Did you each have independent legal advice?
Is your lawyer a family lawyer?
Did you have full financial disclosure and were the statements for the disclosure sworn?
Did you each have independent legal advice?
Is your lawyer a family lawyer?
I am sorry for the delay. I have three kids and am single and they got hungry (the nerve of them!)
I am puzzled,
Generally, a Separation Agreement is binding if both spouses understood what they were signing and it was signed freely.
But, Courts are not necessarily going to uphold an agreement where the spouses didn't have independent legal advice and didn't have full financial disclosure.
If you signed away your right to a pension but had been told the pension had no value and now found out differently then that is considered to be a material non-disclosure and the Separation Agreement could be set aside on that basis.
And, if you signed an agreement back in 2002 and are just finding out the value of the pension now, it's hard to see why it's so clear that you are bound by that Agreement.
If I am missing something let me know. Otherwise, it might be wise to explain to your lawyer that you've been mislead or else perhaps consider getting a second opinion.
Let me know if you need further clarification.
I am puzzled,
Generally, a Separation Agreement is binding if both spouses understood what they were signing and it was signed freely.
But, Courts are not necessarily going to uphold an agreement where the spouses didn't have independent legal advice and didn't have full financial disclosure.
If you signed away your right to a pension but had been told the pension had no value and now found out differently then that is considered to be a material non-disclosure and the Separation Agreement could be set aside on that basis.
And, if you signed an agreement back in 2002 and are just finding out the value of the pension now, it's hard to see why it's so clear that you are bound by that Agreement.
If I am missing something let me know. Otherwise, it might be wise to explain to your lawyer that you've been mislead or else perhaps consider getting a second opinion.
Let me know if you need further clarification.
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