The last thing on your mind when you are getting married or entering into a cohabitation living arrangement is the possibility the marriage or relationship will not last. Should that occur, you could face a very stressful period of time. To help alleviate worries about the futures and to provide peace of mind for newlyweds or a new couple moving in together, marriage contracts and cohabitation agreements can be very beneficial.

In today’s society, a high percentage of marriages and cohabitation relationships do not last. It is often better to be prepared for the unexpected and ensure you have a fair agreement in place that is legally enforceable and satisfies the interests of both parties.

At Davies Law Firm, we can help couples draft and finalize marriage contracts and cohabitation agreements that are legally binding and enforceable. In order to create an enforceable contract the parties have to be willing to openly share financial details, their current family situation, future objectives and goals, and other such needs.

Throughout the process our Ottawa marriage contracts and agreements lawyer explains the consequences and impacts each part of the agreement will have on each person, should their marriage or relationship fail.

One of the benefits of marriage contracts and cohabitation agreements is they are designed to be flexible to fit each couple’s specific needs. They can be drafted to include details about a wide range of topics such as:

• Division of Martial/Cohab Property
• Disposition of the Martial/Cohab Home
• Child Custody and Access
• Child Support
• Spousal Support
• Separation and Divorce Agreement
• Parental Preferences Regarding Education, Religion and Healthcare
• Other Family Law Matters
• Protection of Pre-martial/Pre-cohab Assets
• Pre-existing Financial Obligations

While couples are free to draft their own initial marriage contracts or cohabitation agreements, they often lack specific family law knowledge and expertise to know what is and is not enforceable. If you do not have a lawyer review the contract or agreement to ensure its legality, you could end up with a worthless, legally invalid piece of paper.
To illustrate, even if one person is willing to give up child support from the other person in exchange for sole physical and legal custody of any minor children, Ontario Family Laws do not excuse parents from the financial obligation of child support as each parent is required by law to provide financial support for minor children equally. Such a clause would simply be invalid.
For assistance drafting, creating, or reviewing a marriage contract or cohabitation agreement that is legally binding, please feel free to contact our Ottawa family law firm at (613) 688-0462 to schedule a consultation today.