Marriage Contracts.

A marriage contract allows married spouses, or people who intend to marry, to agree on certain rights and obligations during their marriage and in the event of separation or death.

Marriage contracts are commonly used to address issues such as the ownership and division of property, protection of assets brought into the marriage, business interests, debts, inheritances and spousal support.
A strong marriage contract requires more than inserting financial information into a standard document. We consider how the agreement is intended to operate in the future, identify potential areas of uncertainty and advise clients on steps that can strengthen the agreement and reduce the risk of future disputes.

Cohabitation Agreements

Couples do not need to be married to benefit from a domestic contract. A cohabitation agreement allows unmarried partners to establish their financial arrangements and expectations while they are living together.
A cohabitation agreement can address property ownership, responsibility for debts and expenses, spousal support and other financial matters that could become significant if the relationship ends.
This can be particularly important where one partner owns a home, has substantially greater assets, owns a business, expects an inheritance or is making a significant financial contribution to property owned by the other partner.
If the parties later marry, Ontario's Family Law Act provides that a cohabitation agreement is generally deemed to become a marriage contract, subject to the terms of the agreement.

Separation Agreements

A separation agreement allows former spouses or partners to resolve the legal issues arising from their separation without requiring a judge to decide those issues for them.

Depending on the circumstances, a separation agreement may address:

• parenting time and decision-making responsibility;

• child support and section 7 special or extraordinary expenses;

• spousal support;

• property division and equalization;

• the matrimonial home;

• pensions, businesses, investments and debts; and

• other financial or parenting arrangements arising from the separation.
   

A properly drafted separation agreement should do more than record the immediate settlement. It should clearly define each person's obligations, anticipate foreseeable issues and provide a workable framework for the future.

Why Proper Drafting Matters

Domestic contracts can have significant and long-lasting financial consequences. Ontario law permits a court, in certain circumstances, to set aside a domestic contract or a provision of one.
Issues such as financial disclosure, the circumstances in which the agreement was negotiated, whether each person understood the nature and consequences of the agreement, and the terms themselves can therefore become important if an agreement is later challenged.

That is why our work begins before the final document is signed. We help clients understand their legal rights, identify potential vulnerabilities and consider practical steps that can strengthen the agreement.

Independent Legal Advice

Independent legal advice is an important part of the domestic-contract process. Each person should have the opportunity to obtain advice from their own family lawyer about their rights and obligations and the consequences of the proposed agreement.

Where we are retained to provide independent legal advice on an agreement prepared by another lawyer, we review the agreement with our client, explain its legal effect and identify provisions that may require further consideration or negotiation.

Fixed-Fee Domestic Contracts

Kassa Family Law offers fixed-fee options for certain domestic contract services.

Marriage & Cohabitation Agreements — $2,599 + HST
We prepare customized marriage contracts and cohabitation agreements designed around your circumstances, financial interests and objectives.

Separation Agreements — $2,599 + HST
We prepare comprehensive separation agreements addressing the legal issues arising from the breakdown of a relationship.

Speak With a Family Lawyer

A domestic contract is ultimately about creating certainty. Thoughtful planning and careful drafting can clarify expectations, protect financial interests and significantly reduce the potential for future disputes.
Contact Kassa Family Law to discuss a marriage contract, cohabitation agreement or separation agreement in Ontario.