Domestic contractors are legal agreements that are signed by two partners for legally enforceable matters including but not limited to, property division, spousal support, child support, decision-making responsibility and parenting time. They include cohabitation agreements, marriage contracts, and separation agreements. At Shuter Law, we provide swift and cost-effective assistance in drafting your domestic contracts, giving you the security and clarity you need.
Cohabitation Agreement
Parties can enter into cohabitation agreement, regardless of gender or marital status. It outlines their rights and responsibility during cohabitation, separation or death. If the couple decides to marry, the cohabitation agreement automatically transforms into a marriage contract, unless stated otherwise within the agreement. Matters that you can include in a cohabitation agreement include property ownership, financial contributions, spousal support, and any specific provisions unique to the couple’s relationship.
Marriage Contract
A marriage contract, also known as a prenuptial or postnuptial agreement, is entered into by couples who are married or planning to marry. It outlines their rights and responsibilities during the marriage, separation or dissolution of the marriage. You can also mention in detail each party’s financial obligations and management of assets. This agreement, cannot include child custody or access, but covers other similar issues as cohabitation agreement.
Separation Agreement
Parties that are now living separately may enter into separation agreements to resolve their affairs. These agreements may address all legal matters related to a relationship including property division, spousal support, child support, decision-making responsibility, and parenting time, along with provisions for the children’s education and any other relevant issues.
When Is A Domestic Contract Enforceable In Court?
A domestic contract is enforceable in an Ontario family court only when it meets certain legal requirements. It must fulfill these conditions:
- Contract must be in writing and signed by both parties.
- Both parties should have received independent legal advice before signing to ensure they understand the terms and implications.
- Complete financial disclosure by both parties is necessary; any omission or misrepresentation can invalidate the contract.
- Contract must be fair and reasonable at the time of signing.
- There must be no evidence of coercion, duress, or undue influence during the creation of the contract.
- Contract must not contravene public policy.
- If circumstances change significantly after signing, making the agreement unconscionable, the court may decide not to enforce it.
At Shuter Law, our experienced family lawyers are here to help you draft and finalize your domestic contracts with accuracy and attention to detail. Contact us today to schedule a consultation.