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Enforcement

Understanding how your Separation Agreement is enforced.

Updated over 4 weeks ago

Enforcing your Separation Agreement


Enforcement with the Court

You may enforce your agreement in the Supreme Court of British Columbia or the Provincial Court of British Columbia. You may ask your lawyer about which court to file with. Filing with the court will allow you to make applications with the court for enforcement of the terms of the agreement.

Family Maintenance Agency (BCFMA)

If you are trying to enforce the terms of the support provisions, BCFMA may be an option. You must have filed your agreement with the court to utilize this program.

Make sure you try to work together to live out your agreement amicably before taking this step. This means both the payor and the receiver of support should think about how to deal amicably support payments. BCFMA has a lot of authority to enforce your agreement and can make the process very easy for people.

Sometimes, though, their involvement can increase conflict between you and your spouse. Just be mindful of the impact of having an enforcement agency involved and consider if there are other options that could facilitate the payments, like setting up auto-payment, providing post-dated cheques, etc.

If those measures do not help with the payment of support, BCFMA will have some other options.

For more information about BCFMA visit their website.


Important Disclaimer

Content and videos in The Divii Knowledge Centre provide general information about separation and divorce and is not and should not be considered legal advice. For guidance specific to your situation, it's important to consult with a qualified family lawyer in your area. It's always highly recommended to seek independent legal advice during your separation.


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