I think my Separation Agreement is Unfair

I think my Separation Agreement is Unfair

If you are currently having a Separation Agreement drafted or already have completed it and singed, you should know your rights.

A Separation Agreement is known as a private contract between two parties that establishes each parties’ rights and responsibilities. The agreement can also include parties in a common law relationship who have cohabitated or have a child from their relationship. The agreement helps couples dissolve their relationship in an amicable manner, reducing costs and time spent in court. The agreement may be drafted to include clauses on custody, parenting plans, time spent, division of property and support obligations. Both parties must understand what has been drafted and what interests are covered. At no time should there be any coercion, duress, or undue influence on any of the parties to sign the agreement.

Options  

In the Province of Ontario separating spouses can separate with or without an agreement. The law does not make it mandatory for it to be executed before filing a divorce. You can opt for mediation or going to court. There are many options that a trusted lawyer at AYOUN LAW can help you with.

If you feel your separation agreement was unfairly drafted

Before singing anything, you should always have a lawyer read over it. The saying is right “penny wise pound foolish” is not what you want to be caught up in. In fact, it might cost you more to claw back into an agreement than just having it amended before you sign. If you have no immediate concerns about your rights or interests it is still always advised that you have a lawyer review the agreement and ask for an independent legal advice certificate also known in short as ILA. There could be terms that can be amended, omitted, or added at the time of review that will help to protect your rights and interests.

“What if you have already signed the agreement?”

If you have already signed the agreement you need to be in touch with a lawyer. The team at AYOUN LAW are experienced to discuss your viable options for setting aside a term in the agreement or the agreement at a whole. In the case of Miglin v. Miglin [2003], the courts decided to intervene into agreements provided the party challenging the agreement can prove it fails to meat a certain standard. Whilst the courts prefer to uphold the autonomy of the agreement you can still challenge the agreement with the help of a good lawyer.

If you believe the agreement was either:

• Drafted in terms more favourable to the other party
• Executed under pressure
• Signed without an ILA despite you asking for wanting it done
• Does not reflect your intentions
• Drafted with no financial disclosure
• Drafted knowing you were undergoing mental health issues
• Drafted without coving support obligations

You need to contact a good personable lawyer who can help you amended the agreement. A good lawyer like the team at AYOUN LAW can help you negotiate the agreement and have it drafted more favourable to you. If the above seems like a yes, then the agreement may be unconscionable and set aside.

Ask for further information. Call For A Free Consultation: 905-232-2793