Case Study
Case Summary
The Issue
The wife contested the existence of a signed separation agreement and didn't provide any evidence.
Our Help
Our team advocated for the admittance of crucial correspondence and successfully brought the wife's corporate lawyers to testify.
Court Conclusion
The court decisively ruled that the wife had indeed entered into the separation agreement.
Contact Us
385 Connie Crescent Suite 202 - Concord, ON L4K 5R2
+1 (416) 223-3999
Need legal advice? Leave us a message on ourcontact page .
Enforcing a separation agreement
Introduction
In a legal landscape where parties often resort to both formal and informal avenues to settle disputes, KLG Barristers and Solicitors recently undertook a highly intricate trial. At the heart of the case was a separation agreement that one party vehemently denied ever signing. The trial not only encompassed core family law principles but also delved deep into areas of evidence and privilege, challenging the boundaries of what's traditionally considered sacrosanct in litigation.
Note: While the essence of these legal battles remains accurate, specific details have been sufficiently altered to maintain anonymity.
Background
A husband and wife, after many years of marriage, found themselves on the precipice of parting ways. They embarked on the journey of dividing their assets and determining the terms of their separation. At the crux of their dispute was a purported separation agreement. The husband claimed its existence and the wife vehemently denied having ever signed such an agreement. To further complicate matters, the wife refused to disclose any copy of this alleged agreement.
In this landscape of dispute, KLG Barristers and Solicitors were retained to represent the husband. What seemed like a straightforward matter of determining the veracity of the separation agreement quickly became complex when it was identified that potentially crucial evidence lay in the realm of “without prejudice” correspondence between the lawyers of both parties. Furthermore, a surprising twist emerged when it became known that the wife's corporate lawyers might possess knowledge of the signed agreement.
The core of the dispute was a separation agreement that the wife fervently denied having signed. The situation was further complicated as she refused to produce any copy of this alleged agreement. Additionally, the potential existence of crucial "without prejudice" correspondence between the lawyers of both parties raised questions about its admissibility in court. Moreover, the wife's corporate lawyers, believed to be aware of the signed agreement, were shielded behind the veil of solicitor-client privilege.
KLG Barristers and Solicitors tackled the challenge head-on. They presented compelling arguments emphasizing the necessity of admitting the "without prejudice" correspondence as evidence. Understanding the gravity of the matter, the court permitted the wife's corporate lawyers to be subpoenaed to shed light on the agreement's existence. Furthermore, it was argued that the wife had effectively waived her solicitor-client privilege, considering her actions and statements throughout the litigation.
After exhaustive legal deliberation and testimonies, the court rendered its decision, affirming that the wife had indeed entered into the separation agreement. This significant ruling not only validated the stance of KLG Barristers and Solicitors' client but also illuminated the intricate dance between evidence and privilege, potentially setting a guiding light for similar future cases.
KLG Barristers & Solicitors operates an environment wherein lawyers and paralegals collaborate in an associative manner as opposed to a partnership, enhancing the efficacy of our legal services.
Information
Practice Areas
Subscribe here
Subscribe to our newsletter for the latest news and updates.