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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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  #11 (permalink)  
Old 12-04-2005, 09:20 PM
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Quote:
Originally Posted by Lindsay
The enforcement of a separation agreement can only be done through court order. More specifically, you cannot have a separation agreement enforced just by filing it with the court.. you must make a motion to have the agreement turned into a court order.

Lindsay
Not quite. As logicalvelocity points out, you can always enforce child support or spousal support provisions in a separation agreement under section 35 of the Family Law Act.

Even if the issue doesn't involve support, you can still go to court and argue that there has been a breach of your separation agreement.
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Last edited by Jeff; 12-04-2005 at 09:25 PM.
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Old 12-04-2005, 09:24 PM
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Originally Posted by logicalvelocity
I wasn't aware. Very interesting. Knowledge is priceless

Family Law Act R.S.O 1990, c.F.3

http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK55

Section 35 subsection 1

Domestic contract, etc., may be filed with court
This provision is particularly used a few years after the separation agreement is reached when one party wants to change child support or spousal support. It allows you to bring a "motion to vary" rather than an "application" to deal with changing support. The procedure for a motion to vary is a lot faster than the standard application procedure.

As well, note also that there is a provision in the Family Law Act giving formal status to separation agreements:

Two persons who cohabited and are living separate and apart may enter into an agreement in which they agree on their respective rights and obligations, including,
(a) ownership in or division of property;
(b) support obligations;
(c) the right to direct the education and moral training of their children;
(d) the right to custody of and access to their children; and
(e) any other matter in the settlement of their affairs.

Sorry to sort of hijack this thread - I just wanted to clarify a few points.

Bottom line is: don't worry about whether you've got a separation agreement or court order. As a practical matter they're both the same. There are just a few minor procedural differences between them that you'll need to deal with if the agreement or order isn't followed or needs to be changed.
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Last edited by Jeff; 12-04-2005 at 09:32 PM.
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Old 12-04-2005, 09:51 PM
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I've learnt so much from this site. THANK YOU.

My lawyers are always trying to get a signed Offer to Settle, not a Separation Agreement. I assume that a signed Offer to Settle, is also legally binding.
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Old 12-04-2005, 10:15 PM
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Yes, an offer to settle that is signed by the other side is also legally binding.

Normally, it will be turned into a court order or a separation agreement after it is signed.

Lawyers also use the term "minutes of settlement" - this is pretty much the same as a separation agreement. The only difference is that a separation agreement is usually something that is signed when there are no legal proceedings whereas minutes of settlement are used to settle legal proceedings. Different term, pretty much the same thing.
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Old 12-04-2005, 10:44 PM
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Then why bother with an Offer to Settle, I'd rather go with the Separation Agreement. One less step.
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Old 12-05-2005, 11:03 AM
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Thanks for clearing things up for us Jeffrey!

With all of the amazing posts that logicalvelocity makes, I should have never doubted him/her :-)

Lindsay
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Old 12-05-2005, 12:00 PM
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This is an awesome forum - Kudos to to Jeff and Lindsay for taking the time

Its a good place to have collaborative discussions and have insight into the law and how it is applied in circumstances. There are so many rules, law and statutes. A lot of things are very grey. It is nice to see people explaining in laymans terms

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