The use of cohabitation agreements, marriage contacts and separation agreements is very common, especially by couples with significant assets and those entering subsequent marriages.

These agreements frequently handle ownership of property and financial assets. Without these agreements in place, parties are subject to the governing legislation. Cohabitation agreements and marriage contacts help ensure the intentions of the parties are understood and respected in the event of a breakdown in the relationship. We handle a variety of complex cohabitation and marriage contracts with significant real property and investment portfolios. Depending on the circumstances, these agreements can be executed before or during the relationship.

Having a thorough understanding of each parties financial position at the outset of the relationship and what their entitlements shall be in the event of dissolution, is pivotal to cost savings associated with potential litigation.

We have extensive knowledge of marital property division and family tax law and incorporate these concepts in each of our agreements.



What is a cohabitation agreement?

Cohabitation agreements are usually executed between unmarried couples. These agreements can be signed before the parties start cohabitating or during the relationship. These agreements can handle financial affairs and rights and obligations upon termination.



What is a marriage contract?

Marriage contracts are reserved for married couples and can be entered into prior or during marriage. Some of the issues which can be dealt with in these types of contracts includes ownership in or division of property; support obligations; the right to direct the education and moral training of children but not the right to custody or access to children; and any other matter in the settlement of the parties’ affairs. There are specific rules, however, relating to the possession of the matrimonial home.



 What are separation agreements?

Separation agreements are the most common form of domestic contract. These agreements are complex, and deal with all rights and obligations arising from the breakdown of the relationship, usually on a permanent basis.

We handle a range of detailed and comprehensive separation agreements for heterosexual and same-sex couples.

How are domestic contracts challenged?

It is important to consult a very comprehensive lawyer when drafting your domestic contract. Domestic contracts are not concrete and may in certain circumstances be challenged. The Family Law Act provides the most common grounds for which domestic contracts may be set aside, these include situations where a party to such a contract failed to disclose a significant asset or debt in existence when the contract was formed; where a party failed to understand the nature and consequences of the agreement; and where any other ground upon which an ordinary contract may be attacked.

We have extensive knowledge with the appropriate precautions to reduce the likelihood of your domestic contract being challenged.

416-DEFENCE | 416-333-3623

Recent Posts