FAQs Separation Agreements

What happens if my spouse does not follow the separation agreement?

If your spouse is refusing to comply with your separation agreement the first step would be to try to talk to them about it and gently remind them that they agreed to the terms of the agreement and that you intend to enforce your rights under that agreement.

The next step is to see a family lawyer and have that lawyer write a “demand letter” to your spouse informing them that they must comply with your request or risk court action. Sometimes you may decide that it is worth the cost to have your family lawyer write two or even three letters to your spouse depending on the circumstances.

Finally, if your spouse will absolutely not comply with your requests, then you must file your agreement with the court and begin a court action to enforce your agreement. This would be costly and take some time so it would be a good choice only as a last resort.

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About the author

Russell Alexander

Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Oshawa, Concord, Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.