Don't know if anyone can help, but I signed a contact agreement with my ex over the children. Not a problem in itself, unfortunately, it was handwritten by her solicitor and contained an error that is to her advantage.
Due to the magistrates insisting that we come up with something quickly, otherwise they would impose an order, it was rushed and by the time it was drafted, left me with only 2-3 minutes to sign before we had to go back into the hearing.
Ahead of the actual official typed document coming through for me to further sign, do you think I have any reasonable chance of changing what is worded ? Could this be seen as signing under duress ? A simple mistake which could be changed (I doubt she will want to)
Or am I stuck with having signed a fairly illegible document.
Thanks.

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Originally Posted by mark1275

Don't know if anyone can help, but I signed a contact agreement with my ex over the children. Not a problem in itself, unfortunately, it was handwritten by her solicitor and contained an error that is to her advantage.
Due to the magistrates insisting that we come up with something quickly, otherwise they would impose an order, it was rushed and by the time it was drafted, left me with only 2-3 minutes to sign before we had to go back into the hearing.
Ahead of the actual official typed document coming through for me to further sign, do you think I have any reasonable chance of changing what is worded ? Could this be seen as signing under duress ? A simple mistake which could be changed (I doubt she will want to)
or am I stuck with having signed a fairly illegible document.
Thanks.

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Where was your Attorney/solicitor during all of this?

If I read this correctly the Magistrate accepted the handwritten agreement (mistake and all) and, therefore, did not issue an Order. I would "think" that if that is NOT the agreement you intended, signed or not, you would have to go back into Court and let the Magistrate rule as apparently you and your Ex cannot agree and the Magistrate did not rule based on the agreement. Your Ex has no reason I can see to consent to the drafting and presenting of a new agreement if this agreement (which apparently has already been presented to the Magistrate) favors her.

Once you signed it you had a valid agreement - whether you read it or not.

I don't think the Court will buy the duress argument and I don't know what you mean about a fairly illegible document - ? Is it illegible or is it wrong? If it got read into the Court transcript in any way - which it would "here" - you are stuck with it until you re-open the matter.

(Obviously incorrect names and so forth are different than agreements.)

I would consult a lawyer, or if there was one present then talk to them, I went through this in my divorce!!

What was it that changed ? That's what you need to consider. Was it something that changed time with the children or an amount of support ? Maybe it can be changed before you sign it after it has been typed. So long as it was a mistake I don't see a lot of hassle but if it was an oversite on your part that now in hindsight you regret making that's a different situation altogether.

The error was Thursday being substituted by Tuesday, and believe me when I say that with the handwriting it's difficult to see it as either. Nothing transcribed in court, so only the handwritten document to go by. I may just have to go with the fact that I was duped, I still get to see my children half the time now, on a different day, but it wasn't what they wanted. Didn't use a lawyer, the last one had most of the divorce settlement, and I did well to get where I did with the contact issue, just may have stumbled a bit at the finish line !

If this was what was meant, have you merely asked your ex, to allow this change, and have her attorney make that change and submit it to the court ?