SEPARATION AGREEMENTS AND OTHER DOMESTIC CONTRACTS
Separation Agreements are an agreement by spouses (either married or common law) on how to settle all the issues arising from the breakdown of their marriage, such as custody and access of children, child support, spousal support, division of property etc. Many people prefer this option to litigation as, with the assistance of a lawyer, they can discuss their rights and obligations and come up with terms that both parties are happy with, rather than face the uncertainty of litigation. Unless there is a situation of high conflict, this is a viable option for many people.
MARRIAGE AGREEMENTS (ALSO KNOWN AS PRE-NUPTIAL AGREEMENTS) AND ADULT INTERDEPENDENT PARTNER AGREEMENTS (ALSO KNOWN AS COHABITATION AGREEMENTS)
Anyone who owns property should consider entering into a contract prior to getting married or starting a common law relationship. A pre-nuptial agreement allows partners to specify their rights and obligations and settle future property issues in the event that they separate from each other. This must be done prior to marriage. You cannot make this type of agreement during a marriage and by the time you separate, your assets and debts may have changed significantly, along with the amount your spouse could be entitled under the Matrimonial Property Act.
If you are considering a pre-nuptial or separation agreement, please call us first to see what your options are and what is realistic in your situation. Never prepare any kind of marriage contract on your own and do not use ‘do-it-yourself’ type kits purchased online or at book stores and similar establishments. Our experienced lawyers can guide you through the process in order to avoid future litigation if one party wants to set aside the agreement.