 |
 | Home | Contact Us | FAQ | Search & Site Map | Link to Us |
 | Sign In | Join | Other 45 Sites in Network |
Family Forum / Marriage / Divorce / September 2004Mother inlaw threats
I had threats last year from my mother inlaw during a seperation agreement about not ever seeing my daughter. I signed a seperation agreement made out by only my wife and I. No lawyers wrote it up. I got ripped plus my mother inlaw was the witness. Legally can a mother inlaw be a witness for a seperation agreement? Is that not biased towards my wife/? Is it legal > I had threats last year from my mother inlaw during a seperation > agreement [quoted text clipped - 6 lines] > Legally can a mother inlaw be a witness for a seperation agreement? Is > that not biased towards my wife/? Is it legal Dumb choice for a witness, yes. Perfectly legal. Also, I would add that I had nothing but threats and also my wife withheld the fact that she does have a pension. We had no legal finacial disclosure. I was threaten of not seeing my daughter which they are doing right now. Can I get the seperation agreement thrown out because of these things? I was threatened with my wife taking my pension meanwhile she has a pension and RRSP's that she did not tell me about. > > I had threats last year from my mother inlaw during a seperation > > agreement [quoted text clipped - 8 lines] > > Dumb choice for a witness, yes. Perfectly legal. > Also, I would add that I had nothing but threats and also my wife withheld > the fact that she does have a pension. We had no legal finacial disclosure. > I was threaten of not seeing my daughter which they are doing right now. > Can I get the seperation agreement thrown out because of these things? I > was threatened with my wife taking my pension meanwhile she has a pension > and RRSP's that she did not tell me about. Check with an attorney pronto. You may be able to have the agreement set aside if your situation meets the requirements. Not because of the witness, but because you signed under duress and possibly failure to disclose all information. I say "pronto," because often there are statutes of limitations attached. Laura in CA > > > I had threats last year from my mother inlaw during a seperation > > > agreement [quoted text clipped - 8 lines] > > > > Dumb choice for a witness, yes. Perfectly legal. > Laura wrote: > Check with an attorney pronto. You may be able to have the agreement > set aside if your situation meets the requirements. Not because of > the witness, but because you signed under duress and possibly failure > to disclose all information. I say "pronto," because often there are > statutes of limitations attached. It is my impression that if any pertinent information is found to have been purposely withheld, the whole deal can be set aside. It would seem easy in a case like this. I'm sorry, but people just don't "forget" that they have pensions.  SignatureIf Illinois is the "Land of Lincoln", what were they before the Civil War? David, I have no idea what I'm talking about, and I am not an attorney. The following is my opinion only. Do you have any proof of threats? Go to a store, buy a recorder that can be plugged into a phone, and some tapes. Radio Shack has them. Record every conversation you have with them on the phone. I would imagine that having threats on the phone or via email would help show duress on your part. Maybe that would help. You should also talk with an attorney, even if just a free or low cost consultation. See what your rights are. Your situation is very ugly, and you will need to fight her legally to keep seeing your child. Good luck! Big RJ > Also, I would add that I had nothing but threats and also my wife withheld > the fact that she does have a pension. We had no legal finacial disclosure. [quoted text clipped - 15 lines] > > > > Dumb choice for a witness, yes. Perfectly legal. > I had threats last year from my mother inlaw during a seperation agreement >about not ever seeing my daughter. I signed a seperation agreement made out >by only my wife and I. No lawyers wrote it up. I got ripped ... Don't bitch. You wrote it, you signed it, you suffer the consequences. >... plus my mother inlaw was the witness. See what I mean? But my wife did not reveal her pension or her RRSP's. Half mine according to law. > > I had threats last year from my mother inlaw during a seperation agreement > >about not ever seeing my daughter. I signed a seperation agreement made out [quoted text clipped - 6 lines] > > See what I mean? >> > I had threats last year from my mother inlaw during a seperation >agreement [quoted text clipped - 11 lines] > But my wife did not reveal her pension or her RRSP's. Half mine according >to law. And had you insisted on full disclosure p front, it would not have been an issue. A quick look at her tax returns and pay stubs would have done the trick. But you let a third party (the mama) bully you into submission. If you can prove what you say, then the court should have no problem in overturning the separation agreement and dividing all assets IAW the laws of your province. That includes the marital home, so if you're lucky you might get some of your investment back. And if you find yourself having to renegotiage some things, make it clear that her mother has no place at the table, period. David John Thornton said... > I had threats last year from my mother inlaw during a seperation agreement > about not ever seeing my daughter. I signed a seperation agreement made out [quoted text clipped - 3 lines] > Legally can a mother inlaw be a witness for a seperation agreement? Is > that not biased towards my wife/? Is it legal Did you file it? I don't remember ever reading anything that said only a lawyer can write up a separation agreement. I wrote my own divorce agreement and filed it. I think I'd have a hard time claiming my divorce was invalid just because no lawyer was involved - plus I should be declared legally insane if I were to even momentarily desire such a reversal. Casey The mother in law has no reason to be involved in a settlement agreement. You need to contact a Family Law attorney and have the existing agreement nullified as it's probably not legally valid (and the attorney will help you with this). Additionally, you need to have the attorney draft a legitimate dissolution/ settlement agreement as well as a Custody Order that clearly defines (for example doesn' state "reasonable visitation decided between parents" but instead, first, third, and fifth weekend of month, etc) the time you are to have with your child. You already know that they're going to give you trouble with parenting time so (again) make it CLEAR, which days the child will be with you so you can pursue a contempt citation with the mother should they not observe the custody order. Keep the mother in law out of the negotiations. It's not her marriage/divorce. b. |
Reply to this Message |
 Sign In
 Join
 My Latest Posts My Monitored Threads My Blog My Photo Gallery My Profile My Homepage Start New Thread Enable EMail Alerts Rate this Thread
|
©2010 Advenet LLC Privacy Policy - Terms of Use
This website includes both content owned or controlled by Advenet as well as content owned or controlled by third parties.