In January of 2000, my first wife and I had been separated…

In January of 2000, my first wife and I had been separated for one year and we signed a separation agreement that had been drafted by her, no doubt with the help of her lawyer boyfriend. We had negotiated previously and she agreed to include a clause regarding pensions that it was our intention not to divide my pension. The final draft included this clause but the wording also went on to say that this was providing all forms required by provincial legistlation were properly completed. This concerned me a bit at the time but since there was another clause stating that the parties agreed to fill out all forms and papers required to give force and effect to the various clauses of the agreement from time to time, I thought my pension was safe. I found out while separating from wife no. 2 that in fact, pension funds are bound to divide pension funds between the spouses that are contributed to during the marriage unless there is a waiver form and a certificate of independent legal advice properly filled out. My question is, since to date my first wife has not claimed half of the fund, $30,000 to $40,000 I estimate, would she have to sue me if I took a lump sum payment in lieu of pension and placed it in an account of a financial institution or would they have to give her half of it upon making a claim? If she sued, does the intent not to divide mentioned in the separation agreement protect me in anyway from her making such a claim?