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How do I make an agreement with my partner that the court will enforce?

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How do I make an agreement with my partner that the court will enforce?
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CLEO (Community Legal Education Ontario / Éducation juridique communautaire Ontario)
Ministry of the Attorney General
Law Society of Ontario

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How do I make an agreement with my partner that the court will enforce?
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Reviewed: 
July 15, 2019
Answer

Your separation agreement has to follow certain rules to make it legal and "enforceable" or "binding". This means your agreement is made in a way that allows the court to order you or your partner to do what the agreement says, if either of you stop following it.

The rules say:

  • You and your partner must understand the agreement.
  • The process must be fair.
  • You and your partner must share complete and honest financial information.

If you and your partner didn't follow these rules when making your separation agreement, you can ask the court to set aside your agreement. This means asking the court to allow you not to follow the agreement.

The court may decide to enforce all, none, or only part of the agreement.

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