Can a Separation Agreement Be Filed With the Court in Ontario to Make It Enforceable?

Yes. A party to a domestic contract, which includes a separation agreement, may file it with the clerk of the Ontario Court of Justice or the Family Court of the Superior Court of Justice. The basic requirements for enforcing it are that it be in writing, signed by the parties and witnessed.

Filing matters most for support. For the Family Responsibility Office (FRO) to enforce support, the separation agreement must first be filed with the Ontario Court of Justice or the Family Court branch of the Superior Court of Justice, and then registered with FRO, and the registration materials include a copy of the agreement, Form 26B and a completed FRO registration package. Form 26B is an affidavit stating that the contract is in effect and has not been set aside or varied. Once registered, the payor pays FRO, which can take money directly from the payor's bank account, suspend a driver's licence and start a court case.

FRO enforces only support terms. The Ontario Court of Justice enforces properly filed domestic contracts, including through default hearings. The filing rules can change, so confirm the current steps with the court clerk or a lawyer before you file.