- A written agreement between you and the other party is not the same thing as a court order, and each has its own rules for enforcement.
- A judge at a conference can make consent or unopposed orders, and a motion on consent is exempt from the rule that a conference must come first.
- Full financial disclosure before you sign matters, because a court may set aside an agreement where significant assets were not disclosed.
You and the other party have worked out an agreement on parenting, support, property or some mix of them. Now you want it to count, so that if someone stops following it, you can ask the court to enforce it.
In practice, the written record of your deal is often called minutes of settlement, and the court order that adopts it is a consent order. This article explains in plain words how those pieces fit together in Ontario, and what to check before you sign.
What the terms mean
Minutes of settlement are a written record of what you and the other party agreed. A consent order is a court order that contains terms both sides have agreed to, rather than terms a judge decided after hearing a dispute.
Judges can make these orders during the case. At a conference, a judge may make consent or unopposed orders.
An agreement is not the same as an order
A domestic contract, such as a separation agreement, is unenforceable unless it is made in writing, signed by the parties and witnessed.
A party to a domestic contract may file it with the clerk of the Ontario Court of Justice or the Family Court so that its support provisions can be enforced.
A court may also set aside a domestic contract, or a provision in it, on application. Grounds include a party's failure to disclose significant assets and a party not understanding the nature or consequences of the contract. That is one reason to take the signing step seriously.
How a consent order is usually reached
There is no single path. The steps below are where settlement commonly comes up in an Ontario family case.
| Step | What the rules say |
|---|---|
| Case conference | Its purposes include exploring the chances of settling and identifying the issues in dispute and those not in dispute. A judge may make consent or unopposed orders. |
| Settlement conference | Its purposes include exploring settlement and narrowing the issues. Each party files Form 17C and must complete an Offer to Settle. The material is confidential. |
| Motion on consent | A motion made on consent is exempt from the rule that a conference dealing with the substantive issues must be completed first. Uncomplicated or unopposed motions use Form 14B. |
An offer to settle must be signed personally by the party making it and by their licensed representative.
Before you agree: disclosure and advice
A party making a claim for support, property or exclusive possession of the matrimonial home must serve and file a financial statement. There is an exception where the only support claim is for child support in the table amount under the Child Support Guidelines and there is no property or exclusive-possession claim.
Even where nothing is required to be filed, agreeing without knowing the other side's finances is risky. A failure to disclose significant assets can lead a court to set aside an agreement. If you used mediation, Ontario advises that each party get advice from a different lawyer before signing to make the agreement legally binding.
What to do next
- Write down every term clearly, including who does what and by when.
- Confirm that both sides have shared their financial information.
- Get legal advice before you sign, ideally from your own lawyer.
- Make sure the document is in writing, signed and witnessed.
- Ask the court clerk or a lawyer how to put the terms before a judge in your court.
- If you cannot afford a lawyer, ask a Family Law Information Centre for forms and general information, which is information and not legal advice.
Court practice can vary by location, so confirm the steps for your court with the clerk or a lawyer.
Frequently asked questions
Is a signed separation agreement the same as a consent order?
No. A separation agreement is a domestic contract that must be in writing, signed and witnessed to be enforceable. A consent order is made by the court, and a judge at a conference may make consent or unopposed orders.
Can I enforce the support terms of an agreement without a court order?
A party to a domestic contract may file it with the clerk of the Ontario Court of Justice or the Family Court so its support provisions can be enforced. Whether that or a court order suits you depends on your facts, so ask a lawyer.
Can an agreement be undone later?
A court may set aside a domestic contract or a provision in it, for example where a party failed to disclose significant assets or did not understand its nature or consequences. Disclosure and legal advice before signing reduce that risk.
Do I need a conference before a motion on consent?
Generally no conference is needed first for a motion made on consent, because those motions are exempt from the conference-first rule. Check with the court how it wants consent material presented.
Sources
- Family Law Rules, O. Reg. 114/99, r. 13(1) — Ontario e-Laws
- Family Law Act, R.S.O. 1990, c. F.3, s. 56(4) — Ontario e-Laws
- Ontario Court of Justice – Case conferences — ontariocourts.ca
- Ontario.ca – Guide to procedures in family court: Steps to attending a conference — ontario.ca
- Ontario Court of Justice – Settlement conferences — ontariocourts.ca
- Ontario Court of Justice – Motions — ontariocourts.ca
- Ontario.ca – Family mediation — ontario.ca
- Ontario.ca – Guide to procedures in family court — ontario.ca
Links go to official government, court and regulator pages. The law changes — confirm you are reading the current version.
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