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Difference between revisions of "Enforcing Family Law Agreements"
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Enforcing Family Law Agreements (view source)
Revision as of 15:58, 9 March 2013
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{{JP Boyd on Family Law TOC}} | {{JP Boyd on Family Law TOC}} | ||
People who sign a family law agreement are signing a ''contract''. A contract is aformal document that sets out each person's obligations to the other in a | |||
Contracts are binding on the people who signed them and can be enforced by the courts. In fact, that's the whole point of a contract — to make a wayt | |||
'''DRAFT''' | |||
==Introduction== | |||
When someone who has signed a family law agreement doesn't do the things the agreement requires, that person is ''in breach'' of the agreement. In family law, unlike commercial contract law, a party to an agreement can breach just part of the agreement without being considered to be in breach of the whole agreement. As a result, when someone breaches just a part of a family law agreement, the other party isn't allowed to treat the entire agreement as having been rejected by the breaching party, no matter how important the breach was, and the agreement continues to be binding on both parties. | When someone who has signed a family law agreement doesn't do the things the agreement requires, that person is ''in breach'' of the agreement. In family law, unlike commercial contract law, a party to an agreement can breach just part of the agreement without being considered to be in breach of the whole agreement. As a result, when someone breaches just a part of a family law agreement, the other party isn't allowed to treat the entire agreement as having been rejected by the breaching party, no matter how important the breach was, and the agreement continues to be binding on both parties. | ||
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When a term of an agreement is breached, the other party is entitled to take steps to make the breaching party comply with his or her obligations under the agreement. This is called ''enforcing'' the agreement. How a separation agreement is enforced depends largely on which particular term of the agreement is breached. Some terms, like those dealing with child support, are fairly easy to enforce. Other terms, like those dealing with the allocation of parental responsibilities, can be much harder to deal with. | When a term of an agreement is breached, the other party is entitled to take steps to make the breaching party comply with his or her obligations under the agreement. This is called ''enforcing'' the agreement. How a separation agreement is enforced depends largely on which particular term of the agreement is breached. Some terms, like those dealing with child support, are fairly easy to enforce. Other terms, like those dealing with the allocation of parental responsibilities, can be much harder to deal with. | ||
== | ===Enforcement Under the ''Family Law Act''=== | ||
The ''Family Law Act'' allows certain family law agreements to be filed in court and enforced under the act: | The ''Family Law Act'' allows certain family law agreements to be filed in court and enforced under the act: | ||
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Under s. | Under s. | ||
===Enforcement Under other Legislation== | |||
Under s. 99, a party to a family law agreement about property can file a Notice of Agreement in the Land Title Office which will be registered as a charge on the title of a property under the ''Land Title Act.'' This will stop the property from transferred or mortgaged until the Notice is cancelled. | Under s. 99, a party to a family law agreement about property can file a Notice of Agreement in the Land Title Office which will be registered as a charge on the title of a property under the ''Land Title Act.'' This will stop the property from transferred or mortgaged until the Notice is cancelled. | ||
