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    oneagan65's Avatar
    oneagan65 Posts: 6, Reputation: 1
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    #1

    Sep 9, 2008, 09:48 PM
    Family law
    I signed legal separation papers at my kitchen table in front of a friend as a witness I did so because I was under the impression from him we were to work on the relationship well its been 8 months and we are not we were together 20 + years he took 85% of assets and left me 15% now I want to file for divorce and get child support which he has not paid because he wrote in the agreement he was not going to I was also promised reliable car and that didn't happen. I as told the papers were just going to sit at the lawyers office and that was it. What are my rights when it comes down to divorce I live in canada I work 2 jobs now to make ends meet I am not looking for blood just want it to be fair.
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
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    #2

    Sep 10, 2008, 02:43 AM
    If he thinks he is done with it, he is entirely wrong. In a divorce settlement (which still has to be accomplished) and one of you has to take that first step, assets are divided up 50/50. He can't just sign a paper saying he won't pay child support. It doesn't work that way. As for the reliable car, well, that is neither here nor there unless there were two of them in the marriage.

    The separation papers that you signed, were they drawn up by your lawyer ?

    Call a lawyer and get things started so you can get what you deserve.
    oneagan65's Avatar
    oneagan65 Posts: 6, Reputation: 1
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    #3

    Sep 10, 2008, 07:29 PM
    Hi there yes a lawyer did draw up the papers I were told they were just going to sit in his office they were 4 cars in total I was given the oldest. I just want what is fair at the moment I am trying to save for a lawyer. I just wanted to get some advice from some experts.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #4

    Sep 10, 2008, 08:08 PM
    Did you happen to sign a prenup? I know they weren't very common 20+ years ago so would actually be kind of shocked if you did unless of course he had lots of assets to "protect" back then. That could be one reason you are getting the short end of the stick. But as pointed out in the divorce he will be liable for child support.
    oneagan65's Avatar
    oneagan65 Posts: 6, Reputation: 1
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    #5

    Sep 10, 2008, 10:01 PM
    No I didn't sign prenup when we moved together it was done in 1 vehicle (car) now there is a house business cars boat . I left with a small and I mean small amount. If the papers were not brought in front of a judge or they still legal.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Sep 11, 2008, 06:01 AM
    Quote Originally Posted by oneagan65
    no i didnt sign prenup when we moved together it was done in 1 vehicle (car) now there is a house business cars boat . i left with a small and i mean small amount. if the papers were not brought in front of a judge or they still legal.

    Yes, if it's a legally prepared agreement it's still legal, filed or not.

    You need an Attorney before things get worse and assets are transferred or sold.
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