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Cohabitation and marriage agreements

Begin an exciting time with solid legal footing

In addition to advising clients on separation and divorce, we also support clients who are in the early stages of a relationship by creating agreements to deal with issues relating to money, property or debt that could arise should that relationship someday break down. If you decide to enter into a Cohabitation or Marriage Agreement with your partner, we will educate you on all possible outcomes and work with you to create an agreement that protects your interests and reflects your commitments and intentions.

While the process of creating a Cohabitation or Marriage Agreement can be uncomfortable, making decisions now about your financial obligations to each other and how you will divide your property/debt if your relationship ends creates financial certainty and reduces future stress.

While anyone seeking financial certainty will benefit from creating a Cohabitation or Marriage Agreement, these agreements can be particularly important for clients who are embarking on a second (or third) marriage, entering a relationship later in life, or who have significantly more assets than their partner. We invite you to contact us to explore whether a Cohabitation or Marriage Agreement is right for you.

Did you know?

Prenuptial agreements are becoming increasingly popular with Canadians.

In 2016, one in five couples (21.3%) were living common law, which is three times the share in 1981, which was only 6.3%. While our legislation does not distinguish between married and common law couples with respect to the division of property and support, it is a good idea to set out what would happen in the event your relationship breaks down.

FAQs

Have a question about marriage agreements? Check out our frequently asked questions. For more, see the full list of FAQs, or connect with us.
What is your fee for a preparing a Cohabitation/Marriage Agreement?

Our quote is $2,500 plus taxes, for a total of $2,800, to prepare the first draft of an agreement after the initial consultation. This quote is subject to variation depending on the complexity of your matter, which your lawyer will discuss with you at the initial consultation.

Can my partner attend the initial consultation with me?

Due to Law Society rules regarding conflict of interests, we cannot meet with both you and your partner. We can only meet with you and obtain instructions from you. After we have prepared the first draft of the Agreement, and you are agreeable to the form of the Agreement as drafted, your partner will need to see another lawyer outside of our office to obtain Independent Legal Advice and will need to pay the lawyer his/her fees for the Independent Legal Advice.

Does my partner require Independent Legal Advice?

We highly recommend that both parties obtain Independent legal advice. An agreement is more vulnerable to being set aside by the courts if one or both of the parties did not receive adequate (and independent) advice with respect to their legal rights and obligations under the agreement, as it might be considered significantly unfair as a result.

How long does it take to prepare a Cohabitation/Marriage Agreement?

We cannot estimate how many hours would be involved in the drafting process, as it is depends on variables such as how complex the parties’ agreement is, how quickly the required documentation is provided, and whether the parties have worked out an agreement already or require negotiations.

Other family law services

In our experience, we work best with clients who wish to de-escalate conflict and take a constructive approach to resolving their family law issues. Such a mindset can reduce the stress that often accompanies separation and divorce and will help preserve your health and well-being so that you can thrive post-divorce.

Connect with us

If you have questions about our process or family law in general, please feel free to refer to our FAQs or you can give us a call.