A Separation Agreement is legally Binding in Ontario. In fact Judges as well as the Legislature encourages parties to settle their disputes by way of a Separation Agreement. Since it gives the parties sufficient opportunity to properly negotiate the terms of the agreement. The Family Law Act, R.S.O. 1990 specifically states that a separation agreement would prevail over the provision so the Law passed by the Parliament. It is stated under 2(10)of the Family Law Act, R.S.O. 1990 “A domestic contract dealing with a matter that is also dealt with in this Act prevails unless this Act provides otherwise. R.S.O. 1990”.
In a number of court decisions, Judges have shown their inclination to upload the terms of the Separation Agreement. It would be safe to say that as a General Rule a Separation Agreement is Legally binding in Ontario. In some situations, a Judge can set aside terms of a Legally Bind Separation Agreement if the Judge is satisfied that either;
This follow list of cases Dealing with Separation Agreement are frequently relied upon in Ontario and this is list of cases are supplied to judges hearing family law cases in the Superior Court of Justice.
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