Cohabitation, Prenuptial and Separation Agreements

You may have focused on developing your career first, and as a result gained a moderate amount of financial wealth. However, it is only now that you find yourself in a first real relationship. You feel that this is the right person to spend the rest of your life with, however, you are cautious. On the other hand, your relationship has deteriorated, and you want to ensure that the verbal contract you have with your ex-partner is solidified.

Whatever your relationship is, let us PROTECT you from these circumstances and ensure that you receive immediate advice and assistance on what is required for each step of the process.

We can ensure that appropriate agreements are entered into to cover issues relating to property divisionchild and spousal supportcustody, access and parenting. There are specific requirements that need to be met in order for such documents to be legally binding and enforceable, and we are here to help.

There are two general categories of agreements made within the family law context:

  1. Agreements made while the relationship is intact and intended to cover the financial aspects of the relationship in the event of a breakdown (Pre-separation Agreements known as Cohabitation (for couples living together but not married) Agreements or Prenuptial/Postnuptial Agreements); and
  1. Agreements made after the deterioration of the relationship (Post-separation or Separation Agreements)

When drafting the Pre-separation Agreements, the parties’ circumstances at that time are generally known. However, what to remains an unknown is the parties’ circumstances once the relationship ends. It is important to consider every aspect of matrimonial property division, child supportspousal supportcustodyaccess and parenting , in order to properly prepare and capture issues that may arise with these, if the relationship deteriorates.

When drafting the Post-separation Agreements, it is important to analyze the disclosure provided by each party in order ascertain the financial position of each party, and the appropriate circumstances around property division and various support. As well, the length of the relationship, the roles adopted in the relationship, whether either party has suffered an advantage or disadvantage and whether there are children of the relationship and their needs all factor in into drafting Post-separation Agreements.

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