Bringing A Motion To Change Your Separation agreement
Once you have resolved your family issue in the event of a divorce, issues may arise. For instance, if one of you fails to agree with orders made by the court about a separation agreement, the only solution would be to change the agreement.
In a case where a divorced spouse finds that the separation agreement may not working and seems to be unfair, they can agree to change and come up with a new agreement without involving the court. But not all cases are alike; your ex-spouse may not see why you claim the separation agreement has become unfair and seems not to work.
It may be extremely difficult to get along with your ex when you see a point in an issue and he/she seems to care less. That is when you need the help of a family lawyer Markham to ensure whatever changes you need to make will not affect you negatively, and the court will approve the change with the child’s best interest in mind.
When Do I Need To Bring A Motion To Change?
A motion to change is needed when your partner is unwilling to make the changes needed on your agreement. It’s not prudent to rush to court to help for such a change. There are other better ways to handle such issues. For instance, you may choose to have a mediator or any other family dispute resolution method to facilitate the best course of action in your unique situation. This is possible even if you had not stated what to do about making changes to your separation agreement. Remember that you are making a motion to change because your ex cannot agree with what needs to be changed. Thus, you should be careful when using any ADR method, For instance, where your spouse proves to have a mental issue or is violent. Your lawyer would be better situated to advise you on how to deal with the matter in such a case. Some of the reasons why you may bring up a motion to change would be;
- Change your partner’s income, and he/she doesn’t want to take more responsibility.
- Your child’s school needs has changed, and your partner does want to facilitate the changes.
- Your partner plans to move and don’t care about child visitation.
- Your dependent spouse has obtained a job and still wants to receive spousal support.
Do I Need A Lawyer?
When bringing up a motion to change, there are things you have to consider for a successful change:
- Fill out the court documents
- Have the court issue your motion to change
- Serve the relevant documents to your partner and
- File your proof of service
Doing the above may not be easy, especially to one who has never dealt with such cases. But you can get it right with an experienced family lawyer who can guide you on what to file. Again, you have to give the court the reason why you need your separation agreement changed.
For more information on how to make a motion to change, speak with an experienced divorce lawyer in Toronto.