- A party to a domestic contract may file it with the Ontario Court of Justice or the Family Court of the Superior Court of Justice, with a Form 26B affidavit.
- The Family Responsibility Office can enforce support only after the agreement is filed with the court and then registered with it.
- The Family Responsibility Office enforces only the support terms, not the rest of the agreement.
Signing a separation agreement is not always the end of the process. If the agreement includes support, you may want a way to have payments collected and enforced if they stop.
This article explains why people file a separation agreement with an Ontario court, how the filing and Family Responsibility Office (FRO) registration generally work, and what filing does not cover.
Start with a valid agreement
Family Law Act sections 54 to 56 set out the basic requirements for a court to recognize and enforce a separation agreement. A domestic contract is unenforceable unless it is in writing, signed by the parties and witnessed.
Filing does not fix a defective agreement. A template that is not properly signed and witnessed cannot be enforced, so check the signatures and witnessing before anything else.
Ontario guidance says you do not need a lawyer to make a separation agreement, but legal advice before signing is a good idea because it can be difficult to get a court to set an agreement aside. It also says each person should understand the terms and not be pressured to sign, and that an agreement that does not meet those conditions can be challenged in court.
Why file the agreement
For the FRO to enforce support, a 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 the FRO. The Ontario Court of Justice enforces properly filed domestic contracts, and its enforcement processes include default hearings.
Once support is registered, the payor pays the FRO, and the FRO usually deposits the money in the recipient's bank account within 48 hours. Its enforcement tools include taking money directly from the payor's bank account, suspending the payor's driver's licence and starting a court case. Using the FRO costs the recipient nothing.
Filing does not make every term untouchable. A court may disregard a child support provision in a domestic contract that is unreasonable having regard to the child support guidelines and any other support provisions in the contract. A court may also set aside a support provision, or a waiver of the right to support, even if the contract says otherwise, on the grounds the Family Law Act lists.
How filing generally works
Under Family Law Act section 35(1), a party to a domestic contract may file it with the clerk of the Ontario Court of Justice or the Family Court of the Superior Court of Justice, with an affidavit stating that the contract is in effect and has not been set aside or varied. The affidavit is Form 26B under the Family Law Rules.
The registration package for the FRO includes a copy of the agreement, Form 26B, and a completed FRO registration package.
Section 35 has been amended recently, so the exact filing wording and steps may change. Check the current procedure with the court clerk or a lawyer before you file.
| Step | What happens |
|---|---|
| 1 | Confirm the agreement is in writing, signed and witnessed |
| 2 | Swear Form 26B stating the contract is in effect and has not been set aside or varied |
| 3 | File the agreement and affidavit with the clerk of the Ontario Court of Justice or the Family Court |
| 4 | Register with the FRO using a copy of the agreement, Form 26B and the FRO package |
What the FRO does and does not enforce
The FRO enforces only the support provisions of an order or domestic contract. A recipient may also choose not to use the FRO and go to court to enforce the separation agreement directly.
Terms about property, pensions or other matters are therefore not collected by the FRO. How those terms are enforced depends on the terms and your facts.
Parenting terms are one example. Ontario guidance says an informal parenting arrangement can be difficult to enforce, and that you can ask the court to enforce parenting arrangements made in a separation agreement. Even so, when a court decides a matter about a child's decision-making responsibility or parenting time, it may disregard a contract provision if doing so is in the child's best interests.
If circumstances change
Support terms can be changed by an updated agreement or by a court order if circumstances change, for example a change in income or remarriage. Any amending agreement must also be in writing, signed and witnessed. If you amend the agreement, ask how the change affects what is already filed or registered.
- Check that the agreement is signed by both people and witnessed.
- Prepare the Form 26B affidavit.
- Find out which court you will file in: the Ontario Court of Justice or the Family Court.
- Complete the FRO registration package and include a copy of the agreement.
- Confirm the current filing steps with the court clerk, since section 35 has been amended.
- Keep copies of everything you file.
Frequently asked questions
Do I have to file my separation agreement?
Filing is something a party to a domestic contract may do. It matters if you want the FRO to enforce support, because the agreement must first be filed with the court and then registered.
Does it cost anything to use the Family Responsibility Office?
Using the FRO costs the recipient nothing. Other costs, such as preparing documents, depend on your situation.
Will the FRO enforce the whole agreement?
No. It enforces only the support provisions of an order or domestic contract, and a recipient may instead go to court to enforce the agreement directly.
What happens if the payor stops paying?
Once support is registered, the FRO's enforcement tools include taking money directly from the payor's bank account, suspending the payor's driver's licence and starting a court case.
Sources
- Family Law Act, R.S.O. 1990, c. F.3 (CanLII), s. 55(1) — canlii.org
- Ontario.ca – Spousal support — ontario.ca
- Superior Court of Justice – A Guide to Process for Family Cases — ontariocourts.ca
- Ontario.ca – Parenting time, decision-making responsibility and contact — ontario.ca
- O. Reg. 114/99 Family Law Rules (e-Laws) — Ontario e-Laws
- Ontario.ca – Child and spousal support — ontario.ca
- Ontario Court of Justice – Support Enforcement guide — ontariocourts.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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