What makes them legal?

They have to be written to be enforceable. Both people need to sign the contract with a witness in a room. And if any changes are needed or the couple wants to end the contract, then it is still required to have a witness when signing the new contract.

What are the types of domestic contracts?

There are many types of domestic contracts. There are different forms of domestic contracts such as cohabitation agreements, paternity agreements, separation agreements, family arbitration agreements and marriage contracts. 

A cohabitation agreement can be made before or after the couple decides to move in and live together. Agreements like this would ask how the couple wants to organize things in the relationship, whether it is keeping finances separate or together, or who is going to be responsible for food or bills. What will happen if the relationship ends? Will the couple divide the property and how much support do they have to pay each other? This is important because in cases like common-law couples, there is no automatic right to share in dividing the property. The property will just go to the person whose name is listed under owning the property. In a cohabitation agreement, decisions about parenting time for the child cannot be included but rather made until after the couple has separated. The couple’s cohabitation agreement can become their marriage contract if they get married after living together.

A marriage contract is similar to cohabitation agreement but it is for married couples. It is also called a pre-nuptial agreement, a contract for people who plan to get married. Marriage contracts are similar to cohabitation agreements in terms of issues, responsibilities and how to organize things. This type of contract does not allow couples to have clauses that deal with parenting time or child support. If the couple is married, their house is  called a matrimonial home. Both partners will have equal rights in regards to the house which means they cannot mortgage a house or sell it without the other’s agreement, and they also are able to live in the family home. A marriage contract cannot change these rights. Both partners share half the value of the family home. If the home was already owned by one of the partners, it will be split unless a clause is included in the marriage contract that states the property will not be shared.

A separation agreement is used when couples want to separate. Couples who are in a common law relationship or married can sign a separation agreement. This agreement allows couples to talk about child support, parenting time, financial support, and how the property is to be divided. Couples may choose this agreement as it is cheaper and easier to make an agreement than to go to court. Each partner has control over what the agreement terms are, and therefore are more likely to follow it.

A paternity agreement is an agreement between a man and woman who are not spouses 

Which form do you use to file your domestic contract?

You need to fill out Form 26B (Affidavit for Filing Domestic Contract or Paternity Agreement) and attach your separation agreement to it. By filing the agreement with court, you are telling the court the agreement is in effect and that it has not been set aside. The Form 26B must be signed in front of someone who can commission documents.  You can file online or in person. 

Why file your agreement with the court?

Filing the agreement with the court elevates it from a contract to a court order, making it more easily enforceable. This ensures that the terms of the agreement are legally binding and can be enforced by the court. 

Which provisions of an agreement can be enforced and changed as if they were a court order?

Once the agreement has been filed with the court, you can enforce the child and support provisions. 

How do you enforce the other terms of the separation agreement?

A separation agreement can be enforced like any other contract. When a separation agreement is filed with the court, it becomes a legally binding court order, meaning the terms of the agreement are enforceable by the court. If your partner violates the terms of the agreement, it may be possible to resolve the breach of the separation agreement through negotiation. This may involve seeking a court order for specific performance, damages, or penalties for contempt of court. You cannot change or enforce other terms in the agreement such as parenting arrangements by bringing a motion to change. You must start an application under Rule 8 of the Family Rules. In other words, you must file a court application to enforce the separation agreement.

Which courts can you file your agreement in?

You can file your agreement at a file it at the Ontario Court of Justice or the Family Branch of Superior Court of Justice. You cannot file it with other locations of the SCJ. 

After you file your agreement for support payments with the court, can it be enforced by FRO?

Yes, it can be enforced by FRO after it is filed with the court. You must register your domestic contract with FRO by ending them your domestic contract, Form 26A and completed FRO registration package.

Will the courts get involved with changing an unfair contract?

The court does not like to interfere with any of the agreements but if you have proof that are able to challenge the agreements the court is a little more likely to consider the change. Things you can show to the court are: if your partner lied about their financial issues, you signed the contract because you were pressured to, or the agreement seems totally unfair. It is not usual for the court to change what the contract says about the property being divided, but they are more likely to make changes when it comes to spousal support. For instance if the situation has worsened from when the contract was signed then the court will be likely to make changes in the agreement. Once a challenge has been brought up on a domestic contract, the court might choose to take one part of the contract out. Or if there is a part important on the contract, the whole agreement could be decided as not legal by the court. And this happens a new agreement will have to be made between the two partners, but if one person disagrees, then there is the court who can help with the issue.

How can you file a motion to change to make changes to the domestic contract or agreement?

You need to fill out the Form 15C if it is for something other than just child support. But if you are only looking for an order for child support then fill out Form 15D.

If you cannot agree on the proposed changes, what is your recourse?

If you and your partner can not make an agreement during the beginning of the case, you will have to complete the Form 15: Motion to Change and Form 15A which is the form for Change Information Form. You are required to include any attachments or documents to the family court. And then on the first page of the Form 15 you will find a court seal and you are to sign and date on the second page. Then the clerk will issue the motion of change and whether or not the court date is set, the document will be ready to be served.