Before you can apply to enforce or set aside (cancel) your agreement, it needs to be filed with the court. Either you or the other person can file it.
Filing an agreement is very straightforward:
- Make a copy of your signed agreement.
- Fill out a Request to File an Agreement (Form 26)
Tick the box that applies to whatever part of the agreement you want to enforce or set aside. You can tick more than one box. Talk to duty counsel if you're not sure. Tick:
- section 15 if you've agreed to get a parenting coordinator to help you,
- section 44 (3) if your agreement includes parenting arrangements,
- section 58 (3) if your agreement includes contact with a child,
- section 148 (2) if your agreement includes child support,
- section 163 (3) if your agreement includes spousal support.
- Take the copy of the agreement and the form to the Family Court registry at the courthouse.
You must file your agreement at the registry that is:
- where an existing case between you is filed, or
- closest to where your child lives most of the time, if the case involves a child, or
- closest to where you live, if the case doesn't involve a child.
- The registry clerk will check your agreement, stamp it with the court seal, and put it into a file for your case. You'll get a case number for your agreement.
You can now take steps to enforce or set aside your agreement, or just leave the agreement in the court file and wait until later.