Property division set aside separation agreement from 2009

Hello, I just got served with Supreme Court papers by my ex. We have a signed separation agreement from Nov. 2009 and a post-nup from 2008, plus an desk order divorce from Oct. 2011. I bought out his half of the family home equity, assessed by independent property appraisers and three realtors. He has now claimed he signed that agreement under duress and seeks to have the separation agreement division of assets varied. My understanding is that per Halliday v. Halliday BCCA 2015 that his lawyer is required to use the FRA rather than FLA which means his property claim is then statute barred (two years from date of divorce to file a property reassessment claim). Can someone please advise? Thanks so much.


Asked 8 months ago in Vancouver, British Columbia
Categories: Family Law

Answer Now

Leena Yousefi

Answer by Leena Yousefi

VerifiedBritish Columbia lawyer

Hello, 

Yes I agree his lawyer needs to argue the case under the FRA. But in some cases, the limitation period can be extended. I think you need to bring on a preliminary Application to see if you can have his case dismissed due to limitation period arguments. I am not sure what sort of arguments he is advancing but I highly recommend you hire a family lawyer to assist you as this case sounds complicated. I am doing a case like this right now and do not believe you could do it yourself because of its technicalities. To choose the best family lawyer to assist you, you can click here where I am recommending some of the best lawyers in town. 

Posted 8 months ago

Leena Yousefi | Founder and Lawyer
YLaw Family & Divorce Lawyers
Award Winning Firm: http://www.ylaw.ca/
604-974-9529

The information provided is general legal information and is not intended to be personal legal advise to anyone. 


Comment

Thanks for confirming the strategy I've requested of my lawyer is the best approach. I felt it best to have the response documents come from a lawyer in this case as perhaps it might have more weight than a self-represented litigant.

Posted 8 months ago

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