Her first argument was that the trial judge had made a mistake in imposing on her the task of investigating her husband`s fortune. ONCA agrees with the trial judge that non-disclosure carries a clear risk, but the very non-disclosure of critical assets does not necessarily mean the automatic cancellation of a separation agreement. Despite these findings, the woman`s request was unsuccessful. Although the procedural judge found that the husband`s secret was of considerable value, she found that the undisclosed assets were not « significant » within the meaning of section 56(4)(a) of the Family Law Act in the context of the negotiation of the separation contract. (f) whether the other Party has complied with its obligations under the Agreement. A separation agreement may also say that some parts are incorporated into the divorce decision, but other parties survive the divorce decision. However, the common practice is that the entire separation agreement would not be reflected in the divorce decision, but would survive the divorce decision and could therefore be enforced separately. Note: A separation agreement exists between you and your partner and does not apply to the court. If your agreement covers the distribution of ownership, you should receive independent legal advice. A lawyer for each of you must sign a document to confirm this. Within twenty-eight days of the filing of the notice of appeal, the applicant must enter a draft index in the pleadings of appeal. If the index is not filed within this period, the claim is abandoned. Most importantly, especially when there are minor children of the marriage, a separation agreement allows you and your spouse to work out the details of custody and visitation in advance, as well as to provide family allowances and supplements to child maintenance (« add-ons ») such as health insurance, education and childcare.
El Feky`s son then took her to a lawyer to get independent legal advice for the second deal. Apparently, Tohamy was concerned about the applicability of the first document for which she had no legal advice. Not surprisingly, the lawyer told her not to sign the agreement, as it is totally unfair, and suggested that she apply for legal aid.