You always hear those stories about couples fighting for years in litigation. You always think, that cannot be me, I have a Separation Agreement to protect me. It is important to check and see if your Separation Agreement is as sturdy as you think it is.
In this blog, we will focus on the case of Virc v. Blair, 2017 ONCA 394. In this case, the husband was living with his soon to be second wife while waiting for his first marriage to be officially over by way of a divorce. Once that happened, the parties were married for 14 years and had three children before they separated.
They entered into a Separation Agreement and the wife waived getting independent legal advice. There are so many benefits to getting independent legal advice when entering into a Separation Agreement because it is the little things (and sometimes the big things) that slide by you. Having an experienced family law lawyer look over your Separation Agreement BEFORE signing could save you thousands in the long run. Unfortunately, the wife chose to waive her independent legal advice and trusted that the husband valued his assets, notably his date of marriage business assets, appropriately. The husband had a background in business valuations and the wife thought he knew was he was doing and would not mislead her.