Once you and your partner make a separation agreement, you may choose to file it with the court.
You can do this at any time as long as your separation agreement hasn't been changed by a court order or by a new separation agreement.
To file your separation agreement, attach it to Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement, and take it to the courthouse.
You can file your separation agreement at the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice. You cannot file your separation agreement at a Superior Court of Justice that doesn’t have a Family Court branch.
Some of the reasons to file your separation agreement with the court are so:
- The court can enforce the agreement. This means the court can order you and your partner to follow it.
- A government agency, called the Family Responsibility Office can enforce support.
The FRO is a government agency that collects support payments from the person who has to pay them, sends the payments to the person who has to get it, and makes sure child support and spousal support payments are made.
If your partner misses payments, the FRO can take action to enforce the order or agreement. For example, if your partner doesn't pay support, the FRO can order their employer to deduct money from their wages, suspend their driver's licence, or start a court case that can result in jail time.
Or, if you have a separation agreement where your partner agreed to transfer their car to your name and they now refuse to do so, the court can make a court order for the transfer to happen. If your partner doesn't follow the court order, the court can do things like order your partner to pay a fine.
To have FRO enforce your order, you must give them a copy of your: