b j
905.895.8600

  • Home
  • Practice Areas
    • Personal Injury Litigation
      • Motor Vehicle Accidents
      • Accident Benefit Claims
      • Long Term Disability & CPP Disability Claims
      • Medical Malpractice
      • Slip and Fall Accidents
      • Assaults Including Sexual Assault
      • Dog Attacks
      • Product Failures
      • Criminal Injuries Compensation Board Claims
    • Family Law
      • Separation & Divorce
      • Custody and Access
      • Support
      • Property Division
      • Domestic Contracts & Separation Agreements
      • Common Law Spouses
      • Child Protection Matters
    • Civil Litigation
      • Employment Law including Wrongful Dismissal
      • Human Rights Claims
      • Commercial Litigation
      • Estate Litigation
      • Insurance Claims Other than Motor Vehicle Insurance Claims
      • Debt Collection
      • Breach of Contract
    • Criminal Law
  • Lawyer Profiles & Testimonials
    • Daniel W. Monteith, B.A., L.L.B.
    • Charles Baker, B.A., J.D.
    • Mark D. Johnston, LL.B
    • William Doodnauth, LL.B., M.A.
  • Request a Consultation
  • Blog
  • Contact Us

What is a Cohabitation Agreement or Marriage Contract?

Posted by Charles Baker on 22 - Oct - 2015

0 comments


A cohabitation agreement or a marriage contract is a written agreement made between a couple who intend to live together or marry in which they agree, in advance, how their issues arising out of a future separation or divorce will be resolved. They can agree on many issues, including the division of their property acquired during their cohabitation or marriage, their spousal support obligations, and the protection of the property each of them brought into the cohabitation or marriage.

Cohabitation Agreement

These agreements are generally entered into before the cohabitation or marriage. They can be entered into during the cohabitation or marriage, but for that to happen each party must agree. Ordinarily, the party who wants the agreement should make sure it is done before the cohabitation or marriage, and preferably well before.

A cohabitation agreement becomes a marriage contract upon marriage.

If a couple wishes to change a cohabitation agreement or marriage contract at a later date it must almost invariably be done in writing and the signatures must be witnessed.

Cohabitation agreements or marriage contracts, if done correctly, will withstand court scrutiny. For the most part, the court will rule that when a couple’s circumstances upon separation were within their contemplation at the time they entered into a cohabitation agreement or marriage contract, they should be bound by its provisions. However, the court will intervene in certain circumstances to set aside all or part of a cohabitation agreement or marriage contract, including where there has been inadequate financial disclosure or it was not negotiated in unimpeachable circumstances. Each party having had his and her own lawyer to give independent legal advice will help allay concerns a court might otherwise have. A good lawyer who has a cooperative client should be able to ensure that the agreement will stand if there is a separation or a divorce.


Leave a Reply



No comments yet

Recent Post

  • What is a garnishment?
  • What Does the Term Quantum Meruit Mean in the Civil Context?
  • What is the Deemed Undertaking Rule?
  • What are the Damages for a Failed Real Estate Transaction?
  • What is a Writ of Seizure and Sale?

Categories

  • Civil Litigation
  • Family
  • Insurance Lawsuit
  • Wills & Estate Litigation

Archives

  • July 2017
  • January 2017
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • July 2015
  • June 2015

Feeds

  • Subscribe to RSS Feeds

Our Firm

  • Home
  • Lawyer Profiles & Testimonials
  • Request a Consultation
  • Blog
  • Sitemap

Areas of Law

  • Personal Injury Litigation
  • Family Law
  • Civil Litigation
  • Criminal Law

Contact

905.895.8600
Newmarket Line1

905.895.8600
Richmond Hill & Toronto Line

905.895.8600
Northern York Region Line

905.895.8269
Fax Number

info@monteithbaker.com
Firm Email

Location

227 Eagle St. East
PO Box 281
Newmarket, Ontario
L3Y 1J8

© 2015 Litigation Lawyers Newmarket - Monteithbaker.com. All Rights Reserved.
Internet Marketing by TechWyse
TechWyse