Legal Question in Family Law in Canada
Hi, my mother and father divorced a few years ago. My father is remarried to the woman that he had an affair with. My mother was left with nothing but a bit of money in the settlement where as my father was left with the house and all other assets. As well my father will recieve 1/2 of my mothers pension when she retires. Since the divorce my father has remarried and I am wondering if he still can be entitled to my mothers pension along with his new wife or can my mother try and get it back. My father and his wife both work..
1 Answer from Attorneys
A settlement is by definition an arrangement that your parents entered into to settle the issues between them, as opposed to a regime that was imposed by a Court Order. So, unless there was non-disclosure of assets or income or the settlement was obtained by threats of a serious nature, the answer is "no", the terms of the settlememnt will not be changed (unless the parties agree); your parents are both entitled to what they agreed to.
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