FAQ

The following questions can help you decide if an agreement is a good option in your situation.

Are both parties informed about their rights and reponsibilities?

There are many ways to learn about both parties’ legal rights and responsibilities before you create a family law agreement. This site has Saskatchewan-based, comprehensive, plain-language information free-of-charge. Topics covered include separation and divorce, custody and access, child and spousal support, and dividing family property.

Is there is a significant power imbalance between the parties?

If there is domestic violence or one party is in a vulnerable position, coming to an agreement that reflects both parties’ input can be difficult. A party can be in a vulnerable position for many reasons – they may be totally dependent on the other party financially or they may be socially isolated, perhaps because they are new to the country or have language or other barriers. Vulnerable parties and parties that have experienced domestic violence may need help from a lawyer to make sure that the agreement is fair.

It is important for parties to only sign an agreement if they are completely satisfied with the terms. The courts will not later set aside an agreement just because it is unfair.There are some limited situations where the court can decide that an agreement cannot be enforced, such as when:

A party was forced or pressured by the other party to sign the agreement.
One party used a position of power to get the other party to sign an unfair agreement.
The agreement is grossly unfair and one-sided.
A party did not fully disclose their financial or property information.
A party signed the agreement because the other party gave them misleading information.
A party did not have independent legal advice, did not fully understand what the agreement meant and signed it by mistake.

Are both parties committed to fololowing the agreement?

If one party has reason to believe the other party will not follow an agreement once it is signed, an agreement may not be the best option. However, if the agreement itself is enforceable a party may decide entering into an agreement is still a good idea. Whether an agreement can be enforced, and how, depends on what the agreement deals with.

An agreement to pay or receive spousal or child support can be enforced by registering it with Maintenance Enforcement. For more information see Enforcing a Support Order or Agreement.

An agreement to not pay or receive child support is not binding – the court can always order child support.

An agreement to not pay or receive spousal support is almost always binding and should not be entered into unless you are sure you agree with the terms. For more information see Changing an Agreement.

An agreement about custody/access cannot be enforced by the court. The court would first have to make a custody order. For more information see enforcing custody/access.

If the agreement deals with family property each party must have independent legal advice for the agreement to be enforceable. See Getting Legal Help for information on finding a lawyer.

How do we reach an agreement?

Options for coming to an agreement range from the parties working together without any assistance, to mediation, collaborative law and negotiation through a lawyer. What will work best depends on your situation. Parties may want to consider things like the amount of conflict and the willingness of each party to cooperate in coming to an agreement, as well as the kind of assistance the parties can afford and how quickly they want to resolve the issues.

*Agreements or parts of an agreement that deal with family property are not legally binding unless each party has independent legal advice.*

For more information see Options for Reaching an Agreement.