Marriage Contracts and Cohabitation Agreements
Modern life means protecting your assets.
Before you enter into any agreement, you should be informed, especially when there’s property involved or when a partner has been married previously. We offer services to help you decide what’s best for you, and your relationship, so you can start planning for the future. Together we can make the future brighter.
Marriage contracts
Marriage contracts (also referred to as prenuptial agreements) are agreements entered into by two people who have plans to marry and wish to agree on their respective rights and obligations during the marriage, or upon separation, including:
- Ownership in or division of property,
- support obligations for spouses,
- any other matters in the settlement of their affairs.
In Ontario, a marriage contract is valid whether it is signed before or after the marriage takes place; however, in some jurisdictions, these agreements are only valid if they are signed before the marriage takes place.
Marriage contracts are becoming more popular for a variety of reasons, including:
- People marrying a little later in life, with accumulated assets and wealth, wish to protect themselves.
- People entering their second marriages want to ensure their children from their first marriages are financially protected.
Whether people wish to protect only certain property, or all property, current and future, they must be very specific. The couple must disclose all their assets, debts, and income or risk the contract being successfully challenged in the future. Contact Shirley for a no-obligation consultation.
Cohabitation Agreements
A cohabitation agreement is entered into by two people who are cohabiting or intend to cohabit, are not married to each other, and wish to agree on their respective rights and obligations during, or upon ceasing their cohabitation, including:
- Ownership in or division of property,
- support obligations for spouses
Marriage Contracts and Cohabitation Agreements require a delicate balance between respecting the couple’s commitment to the relationship, and, at the same time, protecting your individual interests and security in the event of a relationship breakdown.
Shirley can craft the agreement you need to protect your interests. Call her now for a no-obligation consultation.
Frequently Asked Questions:
Contracts & Agreements
Can I sign a ‘pre-nup’ after the wedding?
Yes. It is a common misconception that these agreements are not valid unless they are signed before the wedding. However, once people marry, the motivation to sign a marriage contract may be considerably reduced.
Do we have to get married to have an agreement about our property?
No. If you wish to protect certain property, you can enter into a cohabitation agreement. This is a legally binding agreement; you do not have to be married for such an agreement to be valid.
Can custody of future children be dealt with in these agreements?
No.
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