Marriage Contracts and Separation Agreements

 

Domestic contracts are governed under Ontario law and can be classified into three or more categories: cohabitation agreements, marriage contracts and separation agreements.  Those wishing to preserve their property from family law property division as well as defining support obligations post-separation are well advised to consider cohabitation agreement or marriage contract.  Cohabitation contracts are appropriate where marriage is not contemplated and marriage contracts are drafted when marriage is contemplated.  If someone does not have the luxury of having a marriage contract to deal with a possible separation, then a separation agreement would be appropriate for the spouses to consider to resolve some or all of the issues between them.