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 party can file it.
Filing an agreement is very straightforward:
- Make a copy of your signed agreement.
- Fill out the Requisition (Form F17.1). The Requisition is a request to file the agreement. When you fill out the Requisition, you'll be the claimant, and the other party will be the respondent. These labels are used even if you're filing the agreement with no plans to start a court application.
- Take the Requisition, a copy of your agreement, and the $30 filing fee to the registry. Usually people file their documents at the Supreme Court registry nearest to where they live or work (Supreme Court registry addresses). Fees are subject to change; call the registry to confirm these rates. The filing fee must be paid in cash or with a certified cheque or money order made out to the Minister of Finance. Many court registries will also take debit cards, but check first.
- A clerk at the registry will take your money, check your documents, stamp them with the court seal, and put them into the file for your case.
You now have an open family law case, and 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.