Redpath & FellBARRISTERS & SOLICITORS
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Marriage & Cohabitation Agreements

Deciding the terms while everyone is still on good terms.

A domestic contract is far cheaper than the litigation it prevents. Most of ours are signed by people in second relationships, people who own a business, or people whose parents are about to help with a down payment and would like that money treated as theirs.

The two things that make an agreement stick are full financial disclosure and independent legal advice on both sides. Agreements get set aside for the absence of those far more often than for being unfair.

Allow four to six weeks. An agreement signed two days before the wedding invites an argument about pressure that you don't want to have later.

What this covers

  • Prenuptial and marriage contracts
  • Cohabitation agreements
  • Protecting a business or professional practice
  • Gifts and inheritances from family
  • Matrimonial home exclusions
  • Spousal support waivers
  • Reviewing an agreement drafted by the other side
  • Converting a cohabitation agreement on marriage

Questions we get asked

Isn't asking for a prenup unromantic?
It is a conversation about money that you will otherwise have at the worst possible moment. Couples who negotiate one generally report that the process forced a useful discussion about finances they had been avoiding.
How late is too late before the wedding?
There is no statutory deadline, but signing under time pressure is one of the arguments used to set an agreement aside. We would rather not sign one inside two weeks of the date, and we will tell you so.
Can we just use a template?
You can, and we see the results. The usual failures are inadequate disclosure, no independent advice, and clauses that Ontario law does not permit — such as anything purporting to settle child support in advance.

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