wife delaying signature of separation agreement in Canada

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GregNetwork@gmail.com - 26 Sep 2007 17:16 GMT

Hi, I moved away from my wife a year ago. I was working and making
good money and she had never worked during our 7 years together. We
didn't have kids and I got tired of carrying the load while she had
fun shopping and exercising.

I gave her a separation agreement 2 months ago. I did all the work,
and she just has to review it, and negotiate a few points. I've tried
to be as fair as possible, legally speaking. Rationally speaking, I'm
feeling totally screwed, but nevermind. She gets 85% of our assets
(about ~$120K) and in exchange I don't pay spousal support.

She's delaying the signature of the papers, pretexting she can't find
a good lawyer etc... Also, it seems as if she's going to disagree on a
few points The actual separation date especially, I think b/c she
knows I will not move on that point. If I move, she'll find another
point.

My question to anyone who can help: is there any way i can put a
deadline on the signature of the separation agreement, and after that
go to court if she doesn't sign? Or any other way i can move on with
my life. My accounts are still all joints and I'm afraid of changing
that, but it's been 9 months now and i need to get some stability and
finish all the boring paper work!

Thank you so much to anyone kind enough to guide me

Reply to this Message

Zipperhead - 26 Sep 2007 19:15 GMT

On Sep 26, 10:16 am, GregNetw...@gmail.com wrote:

> Hi, I moved away from my wife a year ago. I was working and making
> good money and she had never worked during our 7 years together. We
[quoted text clipped - 21 lines]
>
> Thank you so much to anyone kind enough to guide me

If you are in Canada you have no choice. Give her everything plus half
of anything you will ever have.
Then try to start over again.

Reply to this Message

Rog' - 26 Sep 2007 22:55 GMT

> Hi, I moved away from my wife a year ago. I was working and
> making good money and she had never worked during our 7 years
[quoted text clipped - 14 lines]
> that, but it's been 9 months now and i need to get some stability and
> finish all the boring paper work!

---------
You could send her a letter stating that, if no significant progress is
made in reaching a settlement in the next two weeks, you will assume
that she has no intention of negotiating in good faith and proceed to file.
Or, you could just file and serve her. Frankly, you're being a chump
for leaving the ball in her court. He who makes it to courthouse first,
often has a tactical advantage. And for God's sake, close out those
joint accounts. You risk financial ruin by leaving them open. =R=

Reply to this Message

GregBoutin - 26 Sep 2007 23:26 GMT

> <GregNetw...@gmail.com> wrote:
> > Hi, I moved away from my wife a year ago. I was working and
[quoted text clipped - 24 lines]
> often has a tactical advantage. And for God's sake, close out those
> joint accounts. You risk financial ruin by leaving them open. =R=

Thanks Rog

I'd rather try to avoid court if i can, as i don't have the resources
nor the will to feed the lawyers (most our assets are in an
appartment)
Regarding the joint accounts, i'd love to go ahead and do that, but my
lawyer suggested i don't as we don't have an agreement yet and it
would be seen as a bad move...

Reply to this Message

GregNetwork@gmail.com - 26 Sep 2007 23:30 GMT

Thanks for everything but the chump part Rog :)

I'd rather try to avoid court if i can, as i don't have the resources
nor the will to feed the lawyers (most our assets are in an
appartment). I'm pretty sure she won't go to court.

Regarding the joint accounts, i'd love to go ahead and do that, but my
lawyer suggested i don't as we don't have an agreement yet and it
would be seen as a bad move... vicious circle...

Reply to this Message

Stevie - 26 Sep 2007 23:56 GMT

I was in the same boat as you back in 2000. We were "separated under
the same roof" from November 20, 1999 until he moved to his parents'
house on Jan 31, 2000. I did all the work getting the separation
agreement, fixing up the house to put it on the market and packing all
of our stuff.

Technically, you don't *need* a separation agreement in Canada to file
for divorce. You have been separated for over 12 months. File for
uncontested divorce. When it goes to court for the actual divorce
proceedings, the judge can take matters into hand with her sitting on
the separation agreement. Technically, the signed separation agreement
becomes the divorce agreement, but is not necessary to proceed with
the divorce.

Get a good lawyer or paralegal.

Stephane

On Sep 26, 6:30 pm, GregNetw...@gmail.com wrote:

<snipped>

> Thanks for everything but the chump part Rog :)
>
[quoted text clipped - 7 lines]
>
> - Show quoted text -

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Family Forum / Marriage / Divorce / September 2007

wife delaying signature of separation agreement in Canada