An open letter to my previous counsel......................
I have filed an application as you are aware already in court, the marital separation agreement while under your counsel were signed under great duress. You as my then counsel has witness before you the act that puts pressure on or coerces me to undertake actions that I would not ordinarily choose to undertake. These acts you have witness include the use of threats my children safety, mental coercion, physical harm the barrication of our house of residence. I did not sign these agreements on a mutual basis. You as my counsel then had refuse me to disclose my rights to disclose my duress in signing the agreement. I have discharge you upon signing these documents, and I then proceeded to get myself inform how I could apply to the family court to address the duress I was in when this settlement agreement were signed.
Partial Discloser
- A family law agreement is considered to be signed under duress if one of the parties does not disclose information. In my case, this is definately the case, and you are a witness to this, as your request for information were never forth coming.This has resulted in me signing into an agreement I might not otherwise have signed. I have since learned by myself such an agreement that was made without full disclosure may not be enforced by the court or can be revoked by the court afterwards.
Threat and Violence
- I have also learned since the use of violence or threats onto me to force me to sign an agreement is considered duress in family law.The If violence and threats of continous breach of protection orders, constitutes duress too. In my case, to stop compromising my children safety, I can claim that the settlement was signed under duress of continous breaches of protection order.
Against Free Will
- I have also learned since when a family law agreement signed without one party's free will is considered to be signed under duress. I can demonstrate the financial intimidation actions of the other party prevented me from exercising free will.In this case, the court will assess the mental state of the person alleging duress as well as conditions under which the agreement was signed. If she was not in the proper mental state, then duress can be established. I was coerced to sign an agreement while under extreme financial duress, all my source of income has been blocked against my will, the residence of home were barricaded from entrance, we were forced to endanger our welbeing by being forced to treat through icy grounds as the only mean of access to our residence.
No Chance for Negotiation
- I have since learned the agreement I was coerced to sign, repeatedly on every point there is no reasonable chance of negotiating or compromising with the other party, and you were my counsel at that time, did not recognize this as constituting duress.I had no available alternative during your counsel, and I have sign the agreement, I have also inform you, I will claim duress later and you as my counsel made me signed a waiver to vindicate you from any fault of not recognizing this was all under duress to protect yourself.I am not giving you authority to accept the settlement. The counsel for the other party has to deal with me, directly.This is my right. I do have rights, I need to practice my rights.
