Does filing an agreement make an order enforceable?

British Columbia, Canada


The following excerpt is from P.K.C. v. J.R.R., 2014 BCSC 932 (CanLII):

Filing an agreement only makes the agreement “enforceable” as if it were contained in an order, it does not actually become an order, and is not deemed to be one (Cominetti v. Cominetti, [1993] B.C.J. No.1486 (S.C.)).

The court can proceed under the Divorce Act on the basis that it is being asked by the claimant to make an original order pursuant to s. 15.2 of the Divorce Act (Stevens v. Stevens, 2013 BCSC 1899).

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