The respondent brought a motion to set aside a separation agreement on the basis of alleged bullying by opposing counsel and lack of opportunity to obtain independent legal advice or translation.
The court reviewed affidavit evidence regarding the negotiation and execution of the agreement and found no evidence of coercion or unfairness.
The court rejected the claim that the moving party had not been advised to seek legal advice and preferred evidence indicating she had consulted a lawyer.
The agreement was found to be clear and to fairly allocate responsibility for the matrimonial home and related debts.
The court held the separation agreement valid and enforceable and ordered the execution of documents necessary to transfer the property and vehicle in accordance with its terms.
