Enforcing Separation Agreement in BC: What You Need to Know

If you`re going through a separation in British Columbia, you may have entered into a separation agreement with your partner. A separation agreement is a legal document that outlines the terms of your separation, including issues such as child custody, support, and asset division.

While separation agreements can provide a helpful blueprint for a smooth separation, they`re only effective if both parties follow them. Unfortunately, not everyone complies with the terms of these agreements, leaving those who are entitled to support and other benefits feeling frustrated and powerless.

If you`re facing a situation where your ex-partner is not following the terms of your separation agreement, it`s essential to understand your legal options. Here are some key things to consider:

1. Consult with a lawyer

If your ex isn`t following the terms of your separation agreement, the first thing you should do is speak with a family law lawyer. Your lawyer can help you understand your legal rights and options, as well as provide advice on the best way to proceed. They can also help you communicate with your ex and try to resolve any issues amicably.

2. File a legal action in court

If your ex is refusing to comply with your separation agreement, you can file a legal action in court to enforce the terms of the agreement. This legal action is called an „Application to Enforce Family Law Order or Agreement.“

When you file an application to enforce your separation agreement, the court will review the terms of the agreement and determine whether your ex is in breach of the agreement. If they find that your ex has breached the agreement, the court can issue an order directing your ex to comply with the agreement.

3. Seek enforcement remedies

If the court determines that your ex is in breach of the separation agreement, they may order enforcement remedies. These can include:

– Wages garnishment: This is when a portion of your ex`s wages is withheld by their employer and paid directly to you.

– Property seizure: The court may order the seizure of your ex`s property to satisfy outstanding support payments or other obligations.

– License suspension: If your ex owes outstanding support payments, the court may suspend their driver`s license or professional license until the payments are made.

4. Take proper documentation

When you`re seeking to enforce your separation agreement, it`s important to have proper documentation to support your claims. This might include copies of the agreement, emails or text messages between you and your ex, and financial records.

Having clear and concise documentation is essential when you`re seeking to enforce your separation agreement. It can help the court understand the situation and make an informed decision.

In conclusion, if your ex-partner is not following the terms of your separation agreement, you have legal options and rights. Consulting with a family law lawyer is the first step to understanding your options and ensuring that you`re protected. From there, you can take steps to enforce the agreement and ensure that you receive the support and benefits you`re entitled to.