Marriage and Cohabitation Contracts
Marriage and cohabitation contracts are now an accepted and normal part of the marriage process, especially when one or both partners have a great deal of property or when one or both partners have been married before. While nobody wants to think of a new relationship or marriage ending in divorce, it is important to think of your future. Being wise and preparing for the possibility that your marriage may end will not bring about its end, but having a marriage or cohabitation agreement in place if anything goes wrong may save you a great deal of trouble and money if it does.
Our Toronto marriage contract lawyers can help you consider your options, understand your rights and obligations under Ontario family law, and draft a well-written cohabitation or prenuptial agreement that will help you in the event of a separation or divorce.
Prenuptial Agreement Lawyers
You can decide many issues, such as spousal support and property division, in a marriage contract. However, some things cannot be legally decided before a separation. For example:
- Custody and access: You cannot make decisions about the future custody of your children.
- Child support: You cannot waive future support on behalf of your children.
- Marital home: The law says that both spouses have an equal right to live in the marital home, and you cannot change that.
There is also the possibility that your agreement, however well-drafted, may be set aside at some future point under certain circumstances. For example, if your marriage lasts 20 years and your spouse is ill and cannot work after the marriage is over, a court may decide that even if he or she waived the right to spousal support, it should still be provided. However, typically most contracts are held up by the courts, even 20 years later, especially if both spouses had competent legal advisers.
To find out more about marriage and cohabitation agreements and how they may apply to your relationship, contact our Toronto marriage contract lawyers by email or call us at 416-964-2215.