Filing MOU with FRO

[KAH1976]

I have been through an adversarial medation session with my ex and we have finally agreed on all points. We divorced several years ago and we had a separation agreement that is not current and didn't adress many issues. Through mediation we have come to settle all of our issues. The mediator sent us a final document and called it a Memorandum of Understanding because we already had a separation agreement. My plan is to file with FRO but I am wondering if:

1. Can I file an MOU with the courts?
2. Will the FRO enforce it?

Any advice would be much appreciated.

[Tayken]

I have been through an adversarial medation session with my ex and we have finally agreed on all points. We divorced several years ago and we had a separation agreement that is not current and didn't adress many issues. Through mediation we have come to settle all of our issues. The mediator sent us a final document and called it a Memorandum of Understanding because we already had a separation agreement. My plan is to file with FRO but I am wondering if:

1. Can I file an MOU with the courts?
2. Will the FRO enforce it?

Any advice would be much appreciated.

Generally a Memorandum of Understanding ("MOU") is a non-binding agreement that would require an Order brought on consent to make it legally binding.

It all depends on the agreement and if it is non-binding or binding.

If the MOU is non-binding then, the FRO cannot enforce it. It has to be made into an Order which can easily be done if agreement has been reached but, will require you to file a motion on consent with the other party. You would attach the MOU and both parties would have to swear and affidavit jointly to the MOU being "binding" as an order of the court. The judge will review the MOU and turn it into a court order that you can then register with FRO.

[KAH1976]

THANK YOU Tayken!!

So for more background, the MOU has not been signed. It was just mailed out to each of us from the mediator. I am still reviewing it and it all seems ok with me. My ex is constantly late paying his support and is not contributing to my son's braces even though he has agreed to. I assume he is waiting for the agreement to get signed before he pays his share. I wanted to get this filed with the FRO so I wouldn't have to deal with him at all regarding money also to ensure it gets paid. I am very worried that he will just stop paying. That is why the FRO is important to me.

How would i know if the MOU is binding or non-binding?

Given that nothing has been signed, is there an alternative title to the document that would allow it to be binding? Do you have any suggestions or advice?

If I go forward with signing this MOU and my ex signs as well, do I need him to agree to turn this into an order so that it can be enforced by the FRO? Sorry for all the questions, just very new to the legal aspects of this kind of thing!! Thanks again Tayken!!

[Tayken]

THANK YOU Tayken!!

So for more background, the MOU has not been signed. It was just mailed out to each of us from the mediator. I am still reviewing it and it all seems ok with me.

It all depends on the agreement signed with the mediator between both parties to the mediation. Specifically the recommendations made through mediation are non-binding until such time both parties agree to settlement in accordance with Rule 18 of the Family Law Rules. Even if both parties signed the MOU it is non-binding possibly.

If the mediator specifically referred to the document as a MOU then, it is highly likely it is not a legally binding document. You would have had to have a mediated-arbitrated agreement and/or arbitrated agreement for it to be legally binding.

So, to get the MOU to be "legally binding" between both parties you need to make an official "Offer to Settle" in accordance with Rule 18 of the Family Law Rules. The other party has to accept your "Offer to Settle" in accordance with the Rule. Then you can proceed to make the separation agreement a court order by filing a motion on consent with the other party. Once the settlement agreement has been filed with the courts, then you can file it with the FRO.

With regards to the FRO and when they are appropriate to use... See my comments below.

My ex is constantly late paying his support and is not contributing to my son's braces even though he has agreed to.

The FRO is not a collection agency for all family matters and in my personal opinion should be used sparingly and only in highly conflicted matrimonial disputes. To use the FRO because of late payments may be a shock to most... They are slow, delay things due to technical issues and are a nightmare for both parties to deal with at times.

The only time FRO should be used is when there is a non-payment issue and arrears. The FRO is often used by highly conflicted litigants often in an attempt to control the other parent often. This can add unnecessary conflict where the parties to the matter should be seeking settlement and being reasonable rather than attempting to use a government service to control the other parent.

I assume he is waiting for the agreement to get signed before he pays his share.

It all depends on what is reasonable and if what is being proposed is within the Child Support Guide Lines.

I wanted to get this filed with the FRO so I wouldn't have to deal with him at all regarding money also to ensure it gets paid.

FRO is SLO-W. Some people have good experiences with them. Some don't. If you want to have to do everything via court order it is a good way to go. Every material change in circumstance will land you and the other party before the court if you are not able to reach mutual settlement on issues.

For example, change in employment, lower income, higher income... You have to deal with a forms nightmare and putting forward orders all the time to get FRO to do anything to change. If you like paperwork and the conflict that comes with it... FRO is the way to GO.

I am very worried that he will just stop paying. That is why the FRO is important to me.

"worry" also known as a "fear' and/or "anxiety" is often miss placed by litigants. You can't assume that the other party is not going to meet their obligations to CS and S.7 expenses and expect FRO to do it all for you.

My recommendation would be to avoid FRO until such time that the other parent has made your anxiety (worry) a reality through non-compliance. FRO should be a last resort "collections" agency in my opinion.

FRO doesn't remove conflict... More often than not... It creates conflict from what I see people posting here about it and what I read in case law.

In fact, there are a number of justices who will order specifically that the parties NOT use FRO in many cases these days.

How would i know if the MOU is binding or non-binding?

Generally a MOU is non-binding. You would need a court order or a Seperation Agreement signed in accordance with Rule 18 of the FLR to be binding. And for the agreement to be binding to FRO, it needs to be a court order generally.

Given that nothing has been signed, is there an alternative title to the document that would allow it to be binding? Do you have any suggestions or advice?

Separation Agreement in accordance with Rule 18 served as an Offer to Settle of the Family Law Rules and served and agreed upon with Independent Legal Advice (ILA) certificates from both parties to the agreement.

If I go forward with signing this MOU and my ex signs as well, do I need him to agree to turn this into an order so that it can be enforced by the FRO? Sorry for all the questions, just very new to the legal aspects of this kind of thing!! Thanks again Tayken!!

What I recommend (other opinons will differ).

Create and serve a simple "Offer to Settle" through registered mail.

The Offer to Settle should just state something very basic that both parties agree to the terms set forth in Schedule "A" attached and for this schedule to be a binding legal agreement to resolve all matters between person A and person B.

If it doesn't settle all matters you need to clearly identify what matters it settles.

In the alternative you can cut and paste the MOU and make necessary changes to turn it into a offer to settle in accordance with the Rules.

You may want to request that the mediator now become an arbitrator (if they are an arbitrator) and issue an order in accordance with the agreed upon MOU. (That is the fastest way to have it done if you can get the other party to agree to it.)

Good Luck!
Tayken