Domestic Agreements
Domestic Agreements
Domestic agreements are written agreements such as separation agreements, cohabitation agreements, and pre-nuptial agreements made between two partners in a relationship. This relationship can be a marriage, a common-law relationship, or that of a couple who are about to get married. These agreements allow couples to address the issues that may arise during the breakdown of a relationship.
Cohabitation Agreements
Common-law spouses can enter into a cohabitation agreement, which is deemed to be a marriage contract if they later marry each other. A cohabitation agreement or marriage contract can deal with property and spousal support, but issues about children can only be decided after separation.
Pre-Nuptial Agreements
A contract made between two people before they marry is often called a pre-nuptial agreement. In Ontario, the legal term is a marriage contract, and it can also be made during the marriage.
A prenuptial agreement sets out how issues will be dealt with during the relationship and in the event of separation or the death of a partner. These agreements are made for many reasons, such as:
- One spouse wants to protect their assets coming into the relationship in the event of separation
- One of the spouses has a substantial business or property that they wish to safeguard
- One of the spouses has other commitments, or children from a previous relationship, whom they want to protect
Separation Agreements
Separation agreements are used when a couple decides to separate and end their relationship. In this case, they will need to make important decisions on matters including:
- Which spouse will stay in the matrimonial home
- Decisions regarding where the children will live
- Decisions on the parenting plan for the children
- All financial support matters, including child and spousal support
- Division of property and all other marital assets
- Which spouse would file for divorce if divorce were needed
Enforceability of domestic agreements (separation agreements, cohabitation agreements, and pre-nuptial agreements) will depend on certain rules including:
- Both parties need to understand the agreement completely
- Complete and accurate information and full disclosure of assets and liabilities must be provided
- The agreement must be in writing and signed by both spouses
- It should not be unfair to either spouse
- The signatures of the spouses must be witnessed
A properly drafted agreement allows the parties to retain control over major decisions in their lives during this difficult time. If the parties cannot agree on these issues, a court may decide the issues for them. This can result in an arrangement that satisfies neither party.
While parties may come to an agreement on their own, enlisting a lawyer’s services in the preparation of a separation agreement or cohabitation agreement can protect the agreement from legal challenge in the event of a dispute. At Law Wise, our lawyers will work with you to create an agreement that suits your individual needs.
How Our Family Lawyers Can Help You
Our Family Lawyers start by obtaining full disclosure from both parties and ascertaining your goals. We keep your goals and your legal rights at the forefront while negotiating the terms of your agreement with the other party. Once all the terms have been agreed upon, our firm’s experienced family lawyers will draft your agreement and provide it to you for your review. If changes are required, we revise the agreement and provide it to you and the other party to sign.
You should always obtain independent legal advice from a competent family lawyer before signing any contract, including a separation agreement, cohabitation agreement or pre-nuptial agreement. To be enforceable, a domestic agreement must be in writing, signed by both parties and witnessed, and it should be dated. A court can set an agreement aside if, for example, one party did not give complete and honest financial information or did not understand the agreement.
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