Caution: This page contains GENERAL LEGAL INFORMATION ONLY.
It is NOT LEGAL ADVICE nor a replacement for talking to a lawyer and getting legal advice about your case.
The law can be complicated and the details of a case can be even more complicated! There are exceptions for every rule.
What you do not know can harm you. Rely on general legal information AT YOUR OWN RISK.
—Agreements—
How to Formalize an Agreement Settling Your Family Law Dispute? With any agreement, there are a number of issues:
Generally, the agreement needs to be in writing, dated, signed by the parties, and witnessed. The agreement must be clear. However, this may not be enough. If the parties decide to follow the agreement now and in the future, then even a verbal agreement may be enough. However, even in these cases, there may be problems with a third party, for example Ontario Works, Revenue Canada, or the courts. If it is something you need to rely on , it is worth the effort to do it right. Parties may later change their minds about following the terms or there may later be a dispute about what the terms are. What if There is a Court Proceeding? The terms of a court order can only be changed by a new court order. Unless the order specifically authorizes it, the parties cannot agree to change the terms of a court order without going to court. Can an Agreement be Changed? An agreement can be filed with the court for enforcement of support. If this is done, it becomes a court order that can only be changed by a new court order. To change a support agreement filed with the court for enforcement requires a new court order - an agreement just between the parties is not enough. Also if your agreement is in the form of Minutes of Settlement, that become a court order, then a new court order is required to change its terms. See the memo on Changing Final Orders and Agreements. Can an Agreement be Set Aside? Do You Need a Lawyer? At a minimum, get advice about the risks of not doing a formal agreement with full legal advice. See Independent Legal Advice. |
Michaud Family Law • 416-707-7976 • 2 County Court Blvd., Suite 434, Brampton, Ontario, L6W 3W8
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