Cohabitation and Separation Agreements in Oakville
Although you don’t legally need a lawyer to make a domestic contract, getting legal advice before signing one can protect you, your spouse, and your family. Obtaining legal advice and education, as well as legal representation in drafting and negotiating a contract is important in many ways. A lawyer experienced in family law will:
- Explain your rights and obligations under the law;
- Ask important questions regarding your objectives and desires;
- Advise what you can and cannot contract out of;
- Identify topics and future events you may not have considered;
- Ensure complete financial disclosure is exchanged;
- Use simple, clear and consistent language;
- Review and explain all terms of the contract to you;
- Refer and work with other professionals as necessary, including chartered business valuators, a wills lawyer, accountant, tax lawyer and more.
Tenk Family Law is experienced with the negotiation and drafting of all types of domestic contracts including marriage contracts, cohabitation agreements, parenting plans and separation agreements. To book a private initial consultation, please contact Tenk Family Law today.
Cohabitation Agreements
A cohabitation agreement is a written document that you and your partner can make before or while you are living together (before marriage). It’s a type of domestic contract that outlines how you will deal with issues while you are together, and/or at the end of your relationship.
Domestic contracts are often the subject of scrutiny before the courts and need to be carefully drafted. Moreover, there are certain matters that you cannot contract for/out of. Contracts can also be a sensitive subject between you and your partner and need to be treated with care and tact.
Cohabitation agreements can protect your assets, business, and future income in the unfortunate event of a breakdown of the relationship or the death of a spouse or partner. At Tenk Family Law, we can help you navigate the process of disclosure, negotiation and drafting of these important contracts.
Marriage Contracts
The main purpose of a marriage contract is to decide what will happen financially if you separate from your spouse, including whether and to what extent the Family Law Act and other law will apply to you. Marriage contracts can be made by couples who are planning to get married, or by an already married couple.
Separation Agreements
Separation agreements allow two spouses to resolve the rights and obligations that arose as a result of their relationship and its breakdown. Separation agreements are documents that outline each spouse’s rights and obligations regarding issues like property division, spousal support and/or parenting. Separation agreements must be carefully drafted following full financial disclosure and signed only after both parties understand the terms of their deal.
There are a number of ways to resolve the issues arising from the separation into a separation agreement. Spouses can take advantage of the appropriate processes for their case, including negotiation, mediation, or a combination of both.
Once signed, separation agreements are enforceable documents that can be filed with the court and the Family Responsibility Office to enforce financial support, if necessary.