By entering into a Separation Agreement, each spouse will have the same rights and obligations as if the terms of the Separation Agreement were ordered by a court. However, the best way to ensure your Agreement will be enforced is to file the Agreement with the Court. If it has been filed with the Court, the Court can make an order for you and your partner to follow the terms of the Agreement. Also, if the Agreement has been filed with the Court the Family Responsibility Office (FRO) can enforce any spousal or child support payments.

File with the Court

To file the initial Agreement:

• Complete and file Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement and your Separation Agreement at the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice

Register with The Family Responsibility Office (FRO) for support payment enforcement

Once it has been confirmed by the Court that your a Separation Agreement has been filed, to have child and spousal support payments enforced, you must register your Separation Agreement with the Ontario Family Responsibility office by completing the Registration package. The FRO can do a number of things, such as take money from the spouse’s bank account, garnish wages, suspend a driver’s licence, or deduct support from federal government payments. For more information on enforcing child and spousal support payments, visit Ontario.ca

Enforcement of non-support related matters

The FRO only enforces child and spousal support payments. They do not enforce other matters that may be found in a Separation Agreement, such as: decision-making responsibility and parenting time (formerly called custody and access), and the division of property.

To enforce these terms or any others in a Separation Agreement that are not about support, you have to start an action in family law court.

Get help

A criminal record will affect child custody and adoption. To erase your criminal record, call toll-free 1-888-808-3628 or learn more at Pardon Partners. It’s easier than you think.

								
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