You do not need a separation agreement before the divorce in Ontario. However, if you have children, your divorce cannot be done without an appropriate child care regime that ideally should be part of a separation agreement. Therefore, if you have children, then it is advantageous to have a separation agreement before you file for divorce in Ontario. Unless the circumstances of your separation make it safe to negotiate because your spouse is abusive or threatening, it is best that you can agree on how to resolve issues between you through negotiation, mediation or collaborative family law. Court proceedings can be very costly and lengthy. If you and your spouse can`t make a deal with one approach, you may want to try it with another. For example, your lawyer may suggest that you work with a mediator or arbitrator. If payments are omitted, the Family Responsibility Office will take steps to enforce the scheduling or agreement that may include collateral, registration of a right of bet on a property, withdrawal of money from a bank account, ordering a withdrawal, cancelling a passport or suspending a driver`s licence. In most cases, the court is called to a case conference or a comparative conference. These conferences offer you and your spouse and/or your lawyers, if you are represented, the opportunity to meet with a judge to discuss the issues in your case. The judge may recommend that you see a mediator if you have not done so yet. Sometimes the judge will give his opinion on what a judge who will judge your case in a trial would probably decide. The judge`s opinion will not rule on the issues in your case.
However, it can help you get an agreement with your spouse. Even if you don`t agree on everything, you can agree on some issues. As a general rule, support agreements can be enforced by the Family Responsibility Office. Or you can go to court. All support orders in Ontario are automatically submitted to the Family Responsibility Office (FRO). FRO processes child and spousal assistance allowances to ensure that assistance is paid regularly and takes steps to obtain assistance contracts that are not paid in a timely or full capacity. If Ontario does not agree with the country where the payer lives, the ORF cannot help you collect help. They must enforce the laws of the country where the payer lives.
You can talk to a lawyer who can help you. Information sessions are offered at family courts in Ontario. These meetings discuss the impact of separation and divorce on adults and children and provide basic legal information. They`re free. Other websites and information can be found on the Ministry of the Attorney General`s website at www.attorneygeneral.jus.gov.on.ca/english/family/family_justice_services.php.