Breach Of Separation Agreement Alberta

For former couples who have a separation agreement, a recent Ontario decision highlights an important point about the breadth of remedies that may be available if a party fails to meet its contractual obligations. In short, the mother`s offer to obtain a court-ordered amendment actually bordered on “enforcement” rather than “variation” of the separation agreement, and that was not what family law rules were supposed to do. On the basis of this technical distinction, the court rejected the mother`s application. (In this context, the court told the father to pay retroactive assistance that he owed and, given his recent refusal to maintain the end of the separation agreement, the Family Responsibility Office to commit.) The Albertas Family Law Act and the Matrimonial Property Act codify the principles of parenthood, child support, spouse maintenance and division of property that the court takes into account when annuling family agreements. The more a separation agreement differs from the legal objectives, the more carefully a family court judge will review the agreement. Particular caution should therefore be exercised when drawing up a contract, where it involves an unequal distribution of matrimonial property or a waiver of the spouse`s pension. Under section 99 of the Family Law Act, a party to a family law agreement on property may file with the Land Title Office an agreement which is registered as a title fee under the Land Title Act. This prevents the property from being transferred or mortgaged until the notification of the contract is terminated. .