View Full Version : Enforcing oral agreement Canada
moragsmith
May 9, 2010, 05:47 PM
Separated, husband backing out of oral agreement. What evidence do I need to help prove the oral agreement was entered into.
Fr_Chuck
May 9, 2010, 06:43 PM
If this oral agreement had to do with child custody, or child support they can change their mind on any oral agreement, they are not binding. Family law has to be in writing, signed and approved by a judge.
So you file in court for what you want and get it in writing to prove and enforce your case
moragsmith
May 10, 2010, 09:27 AM
If this oral agreement had to do with child custody,
Reply is appreciated, no this has nothing to do with children, they are all grown up.
I agreed orally as did he to hold up on filing for my 50% of his company pension until he had secured financing for a house. In exchange he agreed to make partial payments to me and to consider my portion of the end of year taxes due, to be paid. I have taken losses exceeding the amount owed. He is now stating that there was no oral agreement and has contacted a lawyer to recoup 50% of the tax bill.
Please also note that this bill was paid over 9 months ago, he has never up until this moment requested any payment apart from advising me on what he settled for with income tax. We had a squabble recently which may or may not have escalated all this.
As there is a fair amount (well at lest to me) of money involved here, and even hiring a lawyer will be an extra financial burden on me, I thought before going to the expense of the lawyer and getting his opinion I would see if I could get an idea of what would be needed to help support my claim that indeed we had an oral agreement. If I don`t come close to having enough information then I may just have to re-pay the bill rather than incur any further lawyers fees.