Separation Agreements - how to enforce

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Goldie Lox

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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?
 
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.
 
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.
 
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?
 
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
 
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
 
SooooOooo
I've taken my $8K separation agreement down to the courthouse so that I can enforce what he agreed to, HOWEVER, unless the issues are financial (CS and SS), or have to do with custody and access, then it's not worth the paper its printed on.
Duty counsel told me point blank that I could not make him do anything in the agreement (other than the above). WTF?
What's the point of puttieler?ng everything in writing if he can arbitrariliy decide to ignore it?
Duty Counsel also told me to take "the high road" and file myself and go for costs - which is exactly what he is supposed to do!
That dang high road needs to be blasted apart as far as I'm concerned... my lawyer should have advised me of this - why waste everyone's time and trouble - not to mention the $$$$$$ and stress?
Options? Anyone? Bueler?
 
The court system is not fair. Justice has to be bought. For those of us who can't afford justice, we have to make choices of either learning to fight on our own or walking away.
Next time you're in front of a judge, ask for everything to be enforced by law and police or agency.
 
Once it's registered with the courts, it's an order. If he's not following it, then it's contempt. You won't get traction the first couple times, but eventually the judge will get tired of him being stupid and start laying the smackdown.

The legal wheels are slow and rusty and covered with molasses, so they take their sweet time to turn. In the grand scheme of things, 30 days here or there isn't a lot.

and as for divorce, spend the 120 and just file yourself.
 
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