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As a general rule, a separation agreement that is not merged to form a court decision can only be implemented through contractual remedies. Therefore, a party wishing to enforce the agreement must bring an action for breach before a court has the power to require a party to comply with the provisions of a separation agreement or to sanction a party for non-compliance. One commentator proposed that injustice and impitoyability mean that the separation agreement provides for „an amount of alimony or wealth for a spouse that appears much larger or much smaller than a court would deem appropriate.” A written agreement on parental leave may be filed by judicial means pursuant to Article 44(3); A written agreement on contact with a child may be filed by judicial process pursuant to Article 58(3). These agreements can be implemented through the specific enforcement powers of Sections 61 and 63 as well as the extraordinary enforcement powers. The court can impose parental leave or contact agreements using its exceptional power to imprison someone, as well as certain other exceptional powers intended for issues like this. Under section 231(4), the court may require a police officer, where a guardian retains parental leave or contact, to bring the child to the person who is entitled to educational time or contact. Under section 231(5), if a contact person refuses to return the child to his or her guardian, the court may require a police officer to take the child to his or her guardian. A separation agreement involving an infant may be cancelled by that person within a reasonable time after the date of legal ageing (18) (d.b. There may be situations where terminating or terminating a separation agreement may be appropriate – for example, when your children are adults or no longer financially dependent on you, or when a partner`s circumstances have changed dramatically. No no. No separation agreement can prevent the State from acting in the best interests of a child. To prove a constructive fraud defence, the complaining party must demonstrate that there was a confidential relationship between the parties and that a party took advantage of its position of trust.

While a marriage is a confidential relationship, a party may argue that when the parties signed a separation agreement, the marriage was no longer at the level of a confidential relationship, because the parties have become contradictory and may not trust each other so much…