Tweet
What is the proceedure for registering a separation agreement with the courts, for the purpose of turning it into a court order? My understanding is that a court order is needed for registering with the FRO.
-
-
GGG,
In Ontario, Under Section 35(1) of the Family Law Act R.S.O. 1990 c. F.3
A person may file a separation agreement along with their affidavit stating that the contract or agreement is in effect and has not been set aside or varied by a court or agreement with the Registrar of the Ontario Court of Justice or the Family Court of the Superior Court of Justice.
see the applicable law
http://www.e-laws.gov.on.ca/DBLaws/S...f03_e.htm#BK38
35. (1) A person who is a party to a domestic contract or paternity agreement may file the contract or agreement with the clerk of the Ontario Court of Justice or of the Family Court of the Superior Court of Justice together with the person’s affidavit stating that the contract or agreement is in effect and has not been set aside or varied by a court or agreement. R.S.O. 1990, c. F.3, s. 35 (1); 2006, c. 19, Sched. C, s. 1 (2, 4).
and the effect of filing section 35(2)
Effect of filing
(2) A provision for support or maintenance contained in a contract or agreement that is filed in this manner,
(a) may be enforced;
(b) may be varied under section 37; and
(c) except in the case of a provision for the support of a child, may be increased under section 38,
You can find a blank copy of the affidavit form 26B here
http://www.ontariocourtforms.on.ca/e...ept105_ODA.pdf
lv -
Thank you. Much appreciated.Comment
-
Is the registering of the agreement strictly so that FRO can enforce child support? My agreement has not been registered and my ex has hired a lawyer to make changes to the agreement. Would it be wise for me to register my order at this time or should I wait till the changes are made via a memorandum or minute of settlement?Comment
Comment