FAQ: What Should I Expect At My Agreement Hearing

If you are going to Court to have an agreement approved as either part of an “Order of Separate Support and Maintenance” or divorce, you can expect to be asked the following questions (or something close thereto):

1. Is this your agreement

2.  Do you believe it treats both of you fairly

            (Keep in mind you may not like all of the agreement,

            but overall, do you believe, under the circumstances as they

            exist today or at filing, that it is fair)

3.  Do you believe there was full financial disclosure?

            (E.g., have you both filled out financial declarations?

            If not, do you believe you are sufficiently aware of the other’s

            income, assets and debts to be able to say that you believe the agreement

            to be fair?)

4.  Did you enter it freely and voluntarily

            (Keep in mind that you may not like all of the agreement,

            however, did anyone hold a gun to your head to make

            you enter into it?)

5.   If there are children, do you believe it to be in their best interests?

6.  Were you under the influence of alcohol, drugs, or anything that would impair your ability to understand what you have entered into?

7.   Are you asking the Court to approve this agreement and make it the Court’s Order?

8.  And in doing so, you are waiving your right to have a trial on these issues, where you could testify, call witnesses, submit evidence, and have the Court decide these issues?  You understand that if that happened, you could come out better on some things and worse on others

9.   You also understand that once the agreement is approved it will become an Order?

10.  If you wilfully violate an Order you could be held in contempt and there are sanctions associated with that, including up to one year incarceration, up to 300 hours of community service, up to $1500 fine, and payment of the other party’s attorney fees and costs?

11.  You understand that if approved, the Order will become final?  As such, the division of property and debt are final?

12.  If alimony is waived as part of your agreement, that such waiver is final?

13.  That support-related issues may be revisited if there is a substantial change in circumstances unless your agreement states otherwise?

14.  That custody arrangements, if children are involved, are also subject to modification in the future if there is ever a substantial change in circumstances affecting them?