FAQs Separation Agreements

What do I do if my spouse isn’t following our separation agreement?

First, it is always best to speak to your spouse about your separation agreement, and remind them that they are legally bound to comply with its terms. If this is not effective, you can also let them know that you may speak to a family lawyer to find out how to enforce your rights if they do not comply.

If your partner still does not respond, you can have a family law lawyer draft a “demand letter.” This simply informs your spouse that if they do not fulfill their obligations under your agreement, you may take them to court.

During this time, it is best to think carefully about what issues are worth taking to court. For example, if your spouse is not complying with the drop off and pick up times for your child’s visitations, it may be cost effective and more efficient to try to find another way to resolve this issue.

However, if your spouse is still not respecting your wishes or the issues are too important to work out in another way, you may decide to file an action in family court. A family lawyer can help you talk through your options and help you should you choose to go to court.