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Date of filing separation agreement/impact on enforcement?

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  • Date of filing separation agreement/impact on enforcement?

    In Ontario, if a divorcing spouse does not immediately file the separation agreement (i.e., immediately file it upon signing of the agreement) with the government/enforcement office, can it be filed with that office at a later time in the future if the filing spouse is looking for spousal support enforcement assistance?

  • #2
    For child support you can file at any time for enforcement and note when it needs to start. For instance, if your agreement was made four years ago and your ex stopped paying two months ago, you can file with an enforcement agency and advise support stopped on the date two months ago. The agency will then go with that date as the date it needs to start enforcement.

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    • #3
      Thanks but question was re: about *spousal* support

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      • #4
        Date of filing separation agreement/impact on enforcement?

        Does your agreement say it could be enforced in a clause?

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        • #5
          It can if I write it that way. What is the law in Ontario re: original question? Can not find on govt www nor phone

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          • #6
            FRO can enforce it if it is written in your agreement. You should speak to a lawyer for independent legal advice on an agreement anyway and they can help ensure the wording is correct.

            Most often it is as simple as “this agreement may be filed with the family responsibility office for enforcement”.

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            • #7
              You can just file your separation agreement with the court, which will then allow FRO to enforce it.

              http://ontariocourtforms.on.ca/stati...ept105_ODA.pdf

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