Family Law Archives - Langer Law https://langerlaw.ca/category/blog/family-law/ Wed, 01 Jul 2020 19:59:42 +0000 en-US hourly 1 https://wordpress.org/?v=6.7.2 What is a Separation Agreement? https://langerlaw.ca/what-is-a-separation-agreement-and-why-are-they-needed/ https://langerlaw.ca/what-is-a-separation-agreement-and-why-are-they-needed/#respond Tue, 30 Jun 2020 17:47:42 +0000 https://langerlaw.ca/?p=1941 A Separation Agreement is a written contract that can be used by separated parties to avoid the court process while still finalizing issues of support, property and parenting. For a Separation Agreement to be enforceable, it must be in writing, signed by the separating parties and witnessed. These are strict requirements that must be properly…

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]]> A Separation Agreement is a written contract that can be used by separated parties to avoid the court process while still finalizing issues of support, property and parenting. For a Separation Agreement to be enforceable, it must be in writing, signed by the separating parties and witnessed. These are strict requirements that must be properly met or else a Court can invalidate the terms of the Separation Agreement along with the Separation Agreement as a whole.

Ideally, both separated parties will have retained a lawyer and one of the lawyers will draft the Separation Agreement. The importance of each separated party having retained a lawyer is that each party will obtain independent legal advice on the Agreement so each parties interests are protected.

Typical Separation Agreements include clauses that outline the following:

  • ownership in or division of property;
  • child support obligations;
  • spousal support obligations; and
  • custody and access of the children.

To protect the enforceability of a Separation Agreement, both separated parties must provide full financial disclosure. This is to ensure that income, expenses, assets and debts are out in the open before the separated parties enter into the agreement. Best practices dictate that both separated parties accurately and honestly complete a Financial Statement to provide a list of all income, expenses, assets and debts. A failure to provide full financial disclosure can result in a Court setting aside the Separation Agreement.

For more information on drafting, reviewing or entering into a Separation Agreement, contact Langer Law at (647) 926-4704. With both all-inclusive and unbundled legal services, Langer Law can assist with finding a resolution that makes sense for you.

 

This blog is for educational and informational purposes only and does not constitute legal advice. Results of cases described on this website may not be typical and are not guaranteed. The accuracy of the blog posts is not guaranteed. Contacting Langer Law or using this website does not create a lawyer-client relationship.

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]]> https://langerlaw.ca/what-is-a-separation-agreement-and-why-are-they-needed/feed/ 0 What is the Family Responsibility Office (FRO)? https://langerlaw.ca/family-responsibility-office-fro/ https://langerlaw.ca/family-responsibility-office-fro/#respond Tue, 30 Jun 2020 16:41:18 +0000 https://langerlaw.ca/?p=1908 The Family Responsibility Office, or FRO, enforces support payments based on either a Court-Ordered amount or an amount from a Separation Agreement. FRO is a government agency and as such has many powers granted specifically to ensure that support payments are properly collected. Section 5 of the Family Responsibility and Support Arrears Enforcement Act gives…

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]]> The Family Responsibility Office, or FRO, enforces support payments based on either a Court-Ordered amount or an amount from a Separation Agreement. FRO is a government agency and as such has many powers granted specifically to ensure that support payments are properly collected.

Section 5 of the Family Responsibility and Support Arrears Enforcement Act gives FRO the authority to “enforce support orders where the support order and the related support deduction order, if any, are filed in the office and to pay the amounts collected to the person to whom they are owed.”

These enforcement powers include the following:

  • garnishing wages;
  • garnishing government benefits;
  • suspending a Driver’s License and Passport;
  • Issuing a writ for the seizure and sale of the Payor’s owned property;
  • Reporting the Payor to any professional organizations to which they belong;
  • Seizing lottery winnings;
  • Reporting the Payor to the credit bureau; and
  • imposing jail time.

FRO can only enforce support payments if they are outlined in a Court Order or in an enforceable Separation Agreement. FRO does not make determinations on the amount of support owed. Therefore, the amount of support must already be quantified prior to filing with FRO.

If there is already a written Separation Agreement or other enforceable written Agreement, it must be filed with FRO because FRO cannot automatically enforce it. Only once the Agreement has been properly filed with the Courts and then subsequently sent to FRO, will FRO enforce the support payments.

For more information on enforcing child or spousal support payments, contact Langer Law at (647) 926-4704. With both all-inclusive and unbundled legal services, Langer Law can assist with finding a resolution that makes sense for you.

 

This blog is for educational and informational purposes only and does not constitute legal advice. Results of cases described on this website may not be typical and are not guaranteed. The accuracy of the blog posts is not guaranteed. Contacting Langer Law or using this website does not create a lawyer-client relationship.

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