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.
Fill out Form 26B: Affidavit for Filing Domestic Contract or Paternity Agreement, and attach your current separation agreement to it.
You have to file Form 26B and 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.
You can file your documents with the court online or in person. File your court forms and documents below explains how to do this.
Some of the reasons to file your separation agreement with the court are so:
- The court can enforce the support terms of your 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.
If you want FRO to enforce your agreement, you have to first file your current separation agreement with the court as explained above. After the court confirms that your separation agreement has been filed, fill out FRO's Registration package to register your separation agreement with them.
Previous step:Make a separation agreement
File your court forms and documents
Rule 1.1 tells you how to file and issue your family law court forms and documents online. You can file your documents online or in person at the court. Depending on your family law issue and the court, you might also be able to file by email. Check the Family Law Rules and the court's orders, Notices and Practice Directions. Or call the court for more information.
Rule 1.2 says before you file your documents, you must remove or black out all financial account numbers and certain personal information, such as:
- social insurance numbers
- bank account numbers
- credit card numbers
- account numbers for mortgages, lines of credit, and other loans
You must keep the original documents that show this information. A judge might ask to see it.
You can file most family law forms and supporting documents:
- Online: The question How do I file court forms for my family law case online? explains how to use the online portal.
- By email to your local court: Each Ontario Court of Justice has its own email address. Each Superior Court of Justice also has an email address and instructions on how to email documents. Check the top of your court forms for the name and address of your local court.
- In person: If you cannot file online or by email, contact your local court to find out when they are open to file documents in person at the court.