I have a separation agreement for common-law that was drafted…

Question

I have a separation agreement for common-law that was drafted in April, 2010.
The agreement is for visitation and support. She signed the document on 9 June,
2010 and honestly I've neglected to sign it. I'm wondering if I can sign the
document now, and if it's still legally binding? I've looked through the
document and see no expiry date. I've been told that this document would expire
within 6 months is this true? Obviously my concern is that it is expired and a
new one will have to be drafted.

Debra · Accepted Answer

Debra Thal (username) :

Does she want you to sign it now?

Customer:

I told her i already singed it. after looking at it of course i didn't

Customer:

I do want to sign it now, but i'm unsure it's still binding

Debra Thal (username) :

But is she wanting it signed now?

Or would she want to get out of it?

Do you have lawyers ?

Was this an offer to settle ?

Customer:

I do have a lawyer, i'm unable to get in contact with him now, she called my
lawyer to see if I had signed it and I hadn't. She has not made it clear if she
wants a new agreement or not, that's what i'm afraid of. the document was on
visitation rights, asset split, and child support

Customer:

can I sign the document now and send her lawyer the copy, will it still be
binding?

Debra Thal (username) :

Was this to be time limited?

Debra Thal (username) :

That's what I am trying to find out.

Debra Thal (username) :

Was this more like an offer with a time limit to sign?

Customer:

Not to my understanding, i've read through the document 3x and do not see
anything in the document regarding a time frame to be signed/submitted

Debra Thal (username) :

It's likely OK then.

I would check with your lawyer.

It may be that there was a covering letter that gave you a time to accept the
agreement and sign it by ..... or the agreement would be void.

Debra Thal (username) :

So I would just wait and get in touch with the lawyer.

Debra Thal (username) :

I would do that as soon as you can.

Customer:

ok so under ontario guidlines is there are restriction to sign or the contract
void?

Customer:

if there was no cover letter stating the above?

Customer:

Wouldn't the document itself have to contain this "respond by or void"
information?

Debra Thal (username) :

It's a very unusual situation and to be honest not one I've come across.

The Agreement should have been signed in front of your lawyer and witnessed and
there should have been a Certificate of Independent Legal Advice attached.

I don't think the Agreement expires but I think she can change her mind if you
haven't signed it and she decides to do so.

Customer:

she has already signed the document herself, it's just left waiting for me to
sign

Debra Thal (username) :

I understand that.

Debra Thal (username) :

I think so long as you sign it now it's OK.

Debra Thal (username) :

I am honestly not positive.

It's not how I've ever done things nor have a I seen this done this way before.

Debra Thal (username) :

Her lawyer did not protect her the way I am used to seeing practiced.

Debra Thal (username) :

There is usually a 4 way signing and that's it.

Debra Thal (username) :

So this is very unusual and it's why I am concerned there may have been a time
limited offer and that's why you have to check with the lawyer.

Customer:

Certificate of Independent Legal Advice? has already been signed by both
parties, her end of the agreement was signed and witness by her lawyer then
fed-ex to me to do the same with my lawyer

Customer:

I never signed thinking that there could be a reconcile which clearly never
happened

Customer:

So again... Wouldn't the document itself have to contain this "respond by or
void" information?

Debra Thal (username) :

No.

It would not necessarily be in the Agreement.

Customer:

So normally this would just be on the cover letter or is there a certain paper
this would be on?

Debra Thal (username) :

It would be in a covering leter.

Debra Thal (username) :

letter.

Debra Thal (username) :

It sounds like this is likely OK though so don't panic.

Debra Thal (username) :

I just think you need to be sure.

Customer:

well yes, that's why i'm here

Customer:

I am in panic :(

Customer:

well thank you for your time

Debra Thal (username) :

Just contact the lawyer next week.

It's likely fine.

Customer:

Ok, thanks Debra.

I have a separation agreement for common-law that was drafted…

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