Difference between revisions of "Enforcing Family Law Agreements"

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Enforcing Family Law Agreements (view source)

Revision as of 20:33, 9 March 2013

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→‎Enforcement Under other Legislation
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===Enforcement Under other Legislation===
===Enforcement Under other Legislation===


Under s. 99 of the ''Family Law Act'', 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.
====Orders About Child Support and Spousal Support====
 
Under s. 100 of the ''Family Law Act'', a party to a family law agreement about a manufactured home can file a Financing Statement in the Personal Property Registry which will be registered against the manufactured home under the ''Personal Property Security Act.'' This will stop the manufactured home from transferred until the Financing Statement is cancelled.


Under ss. 148 and 163 of the ''Family Law Act'', an agreement about child support or spousal support that has been filed in court can also be enforced under the ''Family Maintenance Enforcement Act''.
Under ss. 148 and 163 of the ''Family Law Act'', an agreement about child support or spousal support that has been filed in court can also be enforced under the ''Family Maintenance Enforcement Act''.
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ISOA, COEA
ISOA, COEA


Orders respecting agreements
====Orders About Property====
214 (1) If an order is made to set aside part of an agreement, the part is deemed to be severed from the remainder of the agreement.
 
Under s. 99 of the ''Family Law Act'', 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. 100, a party to a family law agreement about a manufactured home can file a Financing Statement in the Personal Property Registry which will be registered against the manufactured home under the ''Personal Property Security Act.'' This will stop the manufactured home from transferred until the Financing Statement is cancelled.


(2) A court may incorporate into an order all or part of a written agreement respecting a family law dispute made by the parties to the proceeding and, unless the court orders otherwise,
COEA
(a) the order replaces that part of the agreement that is incorporated, and
(b) the remainder of the agreement remains effective.
(3) Unless the court orders otherwise, if an agreement and an order made after the agreement provide differently for the same subject matter,
(a) the order replaces the part of the agreement that provides differently for the same subject matter, and
(b) the remainder of the agreement remains effective.
(4) A court may on application by a party to family dispute resolution make an order requiring the other party to pay all or part of the applicant's expenses in relation to the family dispute resolution if satisfied that
(a) the other party knowingly failed to disclose relevant information, and
(b) an order is made under section 93 [setting aside agreements respecting property division] or 164 [setting aside agreements respecting spousal support] to set aside all or part of an agreement arising from the family dispute resolution.


==Custody of Children==
==Custody of Children==
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