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  • Finalizing Pension Issues with new legislation

    The final issue in this separation is being resolved through Minutes of Settlement. We are at the stage where FSCO Form 5 is being completed to transfer the funds.

    However, my lawyer has ticked off that the form being attached with the Form 5 is a "domestic contract" (separation agreement), when in fact we are trying to execute Minutes of Settlement.

    The other options on Form 5 are the following
    a) a Court Order
    b) family arbitration award
    c) domestic contract (separation agreement)

    I have spoke to the OPB and they said that separation agreement should be striked out and Minutes of Settlement put in.

    Once Minutes of Settlement are executed don't those Minutes become an Order after a Judge does an endorsement?

    If anyone has experience in this area or has already been down this road since this came into effect in January 2012, your advice would be much appreciated.

  • #2
    But is Minutes of Settlement classified as a "Domestic Contract"? My understanding is that only a Separation Agreement can be classfied as a Domestic Contract
    Last edited by Looking4Answers; 10-29-2012, 10:10 PM.

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    • #3
      Iceberg I believe things are somewhat simpler here in Alberta. We have more legal options when it comes to divorce proceedings that's for sure. In fact it even differs from southern Alberta to northern Alberta.

      Probably comes down to integrity of your lawyer as well. If they see you as a cash cow they're going to milk you MORNING NOON AND NIGHT.

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      • #4
        My "minutes of settlement" were prepared as a separation agreement, but to satisfy legal process we did a copy/replace on the words "separation agreement" and replaced with "minutes of settlement" and filed it as such.

        So... there's not a whole lot of difference. My minutes of settlement even specify that they form a domestic contract, if that helps.

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        • #5
          Minutes of Settlement are generally turned into an Order. They are not listed as one of the Domestic Contracts under s.52 of the FLA, although if they have a clause stating that they are a domestic contract then they are counted thusly; or, often enough, some court staff will receive them as domestic contracts.

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          • #6
            Originally posted by OrleansLawyer View Post
            Minutes of Settlement are generally turned into an Order. They are not listed as one of the Domestic Contracts under s.52 of the FLA, although if they have a clause stating that they are a domestic contract then they are counted thusly; or, often enough, some court staff will receive them as domestic contracts.
            Therefore to be on the safe side I should probably ask my lawyer to add a clause stating that this will be a domestic contract. I just dont want this coming back and biting me in the rear because of an technicality.

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