Legal Question in Family Law in Canada
domestic agreement in family law
I have signed a domestic agreement which clearly states that a lump sum for settlement be made payable to me personally by a certain date and failure of payment null and void the settlement. On the last day, my ex personally delivered a bank draft to my lawyers office, payable to my lawyer in trust. No other direction or anything accompanied this cheque. Today being the last day, I still have not recieved the monies personally. In court the judge did state that the monies be made payable to me and that the lump sum would represent a spousal support settlement. Do I have rights to challenge the settlement to have it nullified because the cheque was not payable to me. I have not asked my lawyer to accept payment on my behalf either. Can this domestic settlement still be vaild, or can I challenge the validity of it because of non-payment to myself as stipulated in the domestic agreement. I am trying to challenge this agreement by contract law, that he has not performed his conditions to have it be submitted to the courts to make this an order. As well, in the settlement he has missed a payment in December, but the domestic settlement was not an order until last week. Please advise. Extrememly frustrated by last minute games. Thank u
1 Answer from Attorneys
Re: domestic agreement in family law
In British Columbia there is no such thing as a "Domestic Agreement". Our principal types of agreement are "Marriage Agreements" (usually made prior to marriage to set up what will occur in the event the marriage terminates), "Co-Habitation Agreements" (usually set up between unmarried people to divide their responsibilities during the period of co-habitation and to what will occur in the event the co-habitation terminates and Separation Agreements" (utilized to divide assets and responsibilities on the breakdown of a relationship). The law in relation to each varies from the others. We do not however have "Domestic Agreements" in B.C.
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