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I am separated from my wife since August 01/15. Both of us…

Customer Question
I am separated from...

I am separated from my wife since August 01/15. Both of us worked during our 31 years of marriage.She hs a pension . I have a pension. She wishes to have half of my pension, I don't want to have any part of her pension. Since I have earned upwards of $30 K more that she , I understand why she wants half of my pension. She also wish to be a beneficiary on my pension which I don't want. Thus far both she and I have spent $60 K on lawyers bills and have no resolution. She made up a Separation Agreement and I am essentially agreeing to the terms of it. Now she is not signing the separation agreement and stating that she thinks that she can get more money in Spousal support. She initially asked for $30K and I agreed. Now she is changing her mind. Can I initiate the divorce without the Separation Agreement as she is stalling on doing anything about sending the Separation Agreement. Her previous Lawyer had drawn up the Separation agreement but thus far we have not signed it . How do I get this finalized...JoeMCDONALD

Lawyer's Assistant: What steps have you taken? Have you filed any papers in family court?

We had a JJC meeting at court in June /17 and the judge advised this is a simple case Have it finalized. Nothing has been done since. I find that now my wife is ignoring my requests to have the Separation Agreement signed, Mind You, she has support from 3 o her family members who are family law lawyers and are most likely assisting her. She is on long term Disability for the pas 3 plus years PTSD. She works as a Social Worker.

Lawyer's Assistant: Family law varies by province. What province are you in?

BC

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Just how to finalize this matter, Can I do it without a Separation Agreement as she is hostile toward me

Submitted: 2 months ago.Category: Canada Law
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Answered in 57 minutes by:
5/26/2018
Lawyer: Debra, Lawyer replied 2 months ago
Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 106,034
Experience: Lawyer
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Hello! My name is Debra (formerly known as Legal Ease). Thank you for your question. I'm reviewing it now, and will post back again shortly.

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Lawyer: Debra, Lawyer replied 2 months ago

I am sorry to hear this.

Yes you most assuredly can apply for the divorce and at the same time you will ask for what you want.

A separation agreement means you have agreed so there is nothing to fight about in court but the reason why there is a court is for cases like this when you cannot come to an agreement.

Does that fully answer your question?

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.

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Customer reply replied 2 months ago
my wife is ignoring my E Mails asking her to sign the Separation Agreement and get it formalized by a lawyer to make sure that she understands the terms of the agreement.. Are you suggesting that I can file for divorce and if so, how do I that? I was recently transferred to a new job 1200 KMS north of Vancouver to Fort St John. Does that complicate matters? What is the procedure for filing for a divorce? I was advised by my previous lawyer in Vancouver that the Separation Agreement has to be signed first before the divorce will be granted. J
oe
Lawyer: Debra, Lawyer replied 2 months ago

What you were advised is simply incorrect and I cannot imagine a family lawyer telling you this.

You start a divorce application. It's a claim. You will be suing her.

You can apply from a distance but you will need to have her personally sued.

If you can afford a lawyer it is much better to retain one. Family law is complicated.

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Customer reply replied 2 months ago
Much rather Type as I wish to have a written record and for me it allow me time to to think of other questions to ask. I hope that you are familiar with the BC Family Law Act as opposed to other provincial Family Law Acts
Lawyer: Debra, Lawyer replied 2 months ago

Yes I am.

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Customer reply replied 2 months ago
I have paid out to lawyers in excess of $26K and I am not happy as I am no closer to a resolution. I will take this natter on myself . All I need is guidance
This is not complicated if given the right direction... The Judge stated that this case is a simple case. The lawyers are /were dragging it out on $$$$ issue Another unhappy person.. I just want this resolved and not pay as I have drained my savings and line of credit to get this resolved and I am still no further ahead,,,,,,,,Joe
Customer reply replied 2 months ago
I start an application to have her sued on what grounds can I sue her? Where do I get the application? Are there costs involved in obtaining /completing and having the application acted upon? Court Costs? Who pays the court costs? Approximately how much money are we talking about?..Joe
Lawyer: Debra, Lawyer replied 2 months ago

I understand.

And there is no doubt that this could still settle. The threat of court is a very good push to a settlement.

Once you serve her with the divorce application she may very well start talking about the separation agreement.

If you are of low income there are resources where you can get some free help.

The grounds are a one year separation or divorce or cruelty.

There are court filing costs that can amount to several hundred dollars. If you win you may get an order for her to pay them.

You should read:

http://www.familylaw.lss.bc.ca/resources/fact_sheets/canIRepresentMyself.php

https://www.justiceeducation.ca/legal-help/lawsuits-legal-system/representing-yourself/introduction-self-representation

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Customer reply replied 2 months ago
These web sites you have given me for the most part have unnecessary information which I have to gleam or sift through . The one reason I pay experts is so I won't have to go on these sites. My time is short through the week and when I have downtime on weekends, I don't want to be stressed on thinking about my divorce. I am hoping to get answers from this site to assist me in getting that information as quickly and accurately as possible. I don't require bedtime reading as I have done some of that that these past few years
Lawyer: Debra, Lawyer replied 2 months ago

I am not able to teach you how to sue your spouse for a divorce, division of assets and support.

I will opt out and not waste more of my time or yours.

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Customer reply replied 2 months ago
You have suggested that my initial costs for filing the application would be several hundred dollars? Will there be court costs as well, if I decide to represent myself?
Customer reply replied 2 months ago
I think I have been very clear from the outset ,that the reason I joined this website is to get immediate and accurate information which is what the site has suggested it would give. I don't wish to be advised to read a number of document or go to websites to garner that information. What am I paying for? INFORMATION , If you choose not to provide me with the information then please refund my $89 .00 dollars...Joe
Customer reply replied 2 months ago
As I said in the beginning my opinion of Family Law lawyers is not very high and this comes from personal experience because of the high lawyer costs I had to pay thus far and I am no further ahead with a resolution. I am baffled and upset that I have gone this far paying out of pocket for a poor service..Joe
Customer reply replied 2 months ago
You can refund me my money and I will try to resolve the matter my self. Thank You...Joe
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