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Jessica
Consultant
ToLawyer, Expert
Welcome and thank you for choosing Just Answer, an independent paid Q&A service! My name is***** am a lawyer in Canada and would be happy to assist you.
Please be advised that I am working from my computer and may not always be available immediately. Rest assured, I will get to your response as fast as I am able.
ToLawyer, Expert
Do you have counsel representing you at this time?
ToLawyer, Expert
Good afternoon, I am following up on this question. I can not give you a complete answer without more information.
ToLawyer, Expert
OK, can you clarify what your question is? It would appear that both parties are represented and are in the normal course of dealing. He can make allegations all he wants but he needs to prove those allegations in court.
ToLawyer, Expert
Hi there, you cannot enforce an agreement dealing with marital properties when the parties did not have an opportunity to engage legal counsel. What likely has happened is that he spoke to a lawyer, who advised him of his rights, and is now refusing to provide an agreement that is overly benefitial to you.
This is a negotiation stage, either party can ask for whatever they want. If you do not like the way he is negotiating, you are welcome to refuse it. However, it will go to court for a judge to decide.
ToLawyer, Expert
It may take a while for it to come through, but regardless of what it says, during negotiations, they can really ask for anything.
ToLawyer, Expert
So is the only thing outstanding custody?
ToLawyer, Expert
Again, this is negotiations, and both of you are represented, it is wholly dependend on what the parties are willing to compromise on.
ToLawyer, Expert
The judge will likely not enforce an agreement when the parties did not have independent legal advice, espeically an agreement for marital seperation.
ToLawyer, Expert
Take it to your lawyer for review, but I do not think that first document is enforceable.
ToLawyer, Expert
No problem! Is there anything else I can help you with today?
ToLawyer, Expert
Then all of these negotiations will start over.
ToLawyer, Expert
If you no longer want to do a joint divorce, that is fine, it will just be moved to a contested divorce.
ToLawyer, Expert
Yes, of course, it would take significantly longer and it is way more expensive than a joint divorce.
ToLawyer, Expert
No, the judge will make a decision and force that upon you via an order.
ToLawyer, Expert
The judge is not going to allow you to negotiate forever, they will ask the parties to present their evidence and make an order as they deem to be fair.
ToLawyer, Expert
Depends on if this legal aid lawyer will continue on.
ToLawyer, Expert
You may not be eligible for another legal aid lawyer in this case, you should double check with them to find out.
ToLawyer, Expert
Is there anything else I can help you with today?
ToLawyer, Expert
Yes, what is your question?
ToLawyer, Expert
Sure.
ToLawyer, Expert
You should speak with your lawyer to assist you, you cannot bind him to a lease. He has no obligation to continue paying for it at this time (obviously a spousal support order may change that).