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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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Old 09-30-2012, 11:10 AM
Goldie Lox Goldie Lox is offline
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Default Separation Agreements - how to enforce

I've searched through the Forums and was unable to find what I'm looking for, so here's my question:
SA agreement states stbx needs to provide copies of insurance policy and dedclaration that I have access to the policy for verification purposes within 2 weeks of signing - it's been 6 and I've not seen a thing. I've asked, with the response of "I'll check on it". My lawyer sent a reminder to his lawyer - still nothing.
Also, our agreement states that he is to file for divorce within 60 days - not quite there yet, but he has yet to provide proof of filing. Again, my lawyer has asked with no reply.
What are my options, if any?
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Old 09-30-2012, 11:25 AM
Mess Mess is offline
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Take the agreement to the courthouse hand see the clerk and have it registered with the court. It then has the force of a court order.
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Old 09-30-2012, 12:02 PM
Goldie Lox Goldie Lox is offline
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Thank you - sorry for my ignorance, but then what? He makes 2.5 times what I do, and can no longer afford my lawyer
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Old 09-30-2012, 01:24 PM
Mess Mess is offline
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In most cases, simply informing the other party that they are now in violation of a court order is pretty persuasive.

You want to send a registered letter to them/their lawyer informing them that they have 30 days to comply with the separation agreement, or to give you practical reasons why they cannot and to request a specific time frame to comply.

After the 30 days you can file a motion. If I were you I would see the duty counsel and also go the Family Law Information Centre. You can get free help there. Get there early, like a half hour before they open, and be in front of the line. You can get help with the forms and instructions on how to serve your ex.

Again, once they see that you are serious and persuing enforcement, most will comply.
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Old 09-30-2012, 04:20 PM
Goldie Lox Goldie Lox is offline
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Mess - I understand what you are saying, but why would I give him yet ANOTHER 30 days when he is already 30 days past the original due date?
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Old 09-30-2012, 04:28 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Goldie Lox View Post
Mess - I understand what you are saying, but why would I give him yet ANOTHER 30 days when he is already 30 days past the original due date?
Do you think there is a way to get it sooner?? Mess gave good advice and your best bet is to follow it. If you dont then it could be many more months.
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Old 09-30-2012, 04:32 PM
Goldie Lox Goldie Lox is offline
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I really don't know if there is a quicker way - it just doesn't seem right (or fair) that he would get additional time to follow through on his end of the bargain
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Old 09-30-2012, 04:39 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Goldie Lox View Post
I really don't know if there is a quicker way - it just doesn't seem right (or fair) that he would get additional time to follow through on his end of the bargain
It isnt but that is the way it works.
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Old 09-30-2012, 04:43 PM
Goldie Lox Goldie Lox is offline
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Then what's the point of going through the process if one party isn't going to abide by it anyway? Seems to me that it happens more often than not.
Thanks for your input - I appreciate it
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Old 09-30-2012, 04:50 PM
standing on the sidelines standing on the sidelines is offline
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Quote:
Originally Posted by Goldie Lox View Post
Then what's the point of going through the process if one party isn't going to abide by it anyway? Seems to me that it happens more often than not.
Thanks for your input - I appreciate it
Sometimes the other party (as Mess stated) get their shit together when the realize the other party isnt going to let it drop.
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