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Making Separation Agreement into an Order

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Anonymous Asked:

My ex and his lawyer refuse to file separation agreement that was signed by both parties and witnessed. They are refusing to make the separation agreement into an order as well. My ex's counsel is the only lawyer listed on the file and I cannot afford a lawyer. At present I am the sole supporter of one child which my ex is the father of. I am trying to enforce the child support portion of the separation agreement but FRO has stated that because there's no Order they can't take my case. I was advised that since my ex's lawyer is the only one listed on file that I will have a very difficult time in making our separation agreement into an order. Is that true? What can I do? I want to be able to enforce the agreement as it is not being followed.

Expert Comment:

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If a separation agreement has been properly prepared and signed then it is possible to have it registered with the Ontario Court of Justice which would then enable the separation agreement provisions to be enforced by the Family Responsibility Office. It would, of course, be better if you retained a lawyer to assist you. This is not overly intensive work and if you wish you may telephone me at (866) 557-3222 for a free consultation. We can accomplish this registration for you.

In the alternative, you can attend at the Ontario Court of Justice and see if the Court staff will help you based on the separation agreement that you may present to them. Of course, I make no promises in terms of whether they will assist you.

(The information provided above is general, not legal advice, as circumstances vary from case to case. As well, generally speaking, the above information relates to Ontario law. Thus, if you wish legal advice that you can rely upon for your specific case, or if you are making inquiries where Ontario law may not apply, please contact Andrew Kania for a free consultation).

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