Marriage contracts (aka a “prenup”) and cohabitation contracts have become increasingly common and widely accepted within the context of marriage, especially when either or both partners possess significant assets or when one or both partners have previously experienced divorce. While contemplating the end of a new cohabitation or marriage is not something anyone wishes to do, it’s prudent to plan for the future. Making informed decisions and preparing for the possibility of a relationship ending should not be seen as inviting such an outcome. Instead, having a well-structured marriage or cohabitation agreement in place can offer peace of mind and potentially save you a considerable amount of stress and financial burden if circumstances change. Our team is available to assist you in assessing your choices, gaining clarity on your rights and responsibilities under Ontario family law, and crafting a comprehensive cohabitation or prenuptial agreement designed to provide support in the event of a separation or divorce.

Our Toronto marriage contract lawyers can help you consider your options, understand your rights and obligations under Ontario family law, and draft a well-written cohabitation or prenuptial agreement that will help you in the event of a separation or divorce.

You can decide many issues, such as spousal support and property division, in a marriage contract. However, some things cannot be legally decided before a separation. For example:

  • Parenting Time and Decision Making: You cannot make decisions about the future custody of your children.
  • Child support: You cannot waive future support on behalf of your children.
  • Marital home: The law says that both spouses have an equal right to live in the marital home, and you cannot change that.

There is also the possibility that your agreement, however well-drafted, may be set aside at some future point under certain circumstances. For example, if your marriage lasts 20 years and your spouse is ill and cannot work after the marriage is over, a court may decide that even if he or she waived the right to spousal support, it should still be provided. However, typically most contracts are held up by the courts, even 20 years later, especially if both spouses had competent legal advisers.


At Sudano Law PC you can find out more about marriage and cohabitation agreements and how they may apply to your relationship, contact our Toronto marriage contract lawyers by email or call us at 647-880-5832.

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