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Premarital, Cohabitation & Separation Agreements

No one wants to consider that their marriage or common law arrangement will end with divorce. However, almost 40 percent of all marriages in Canada end in divorce and the average duration of Canadian marriages stands at around 14 years, according to recent government statistics. With such facts in mind then, it makes sense to begin your marriage with a premarital or cohabitation agreement. Absent that, with any initiation of marriage dissolution a legal separation agreement should be drafted to guide the way—or, if lucky, provide a legal framework for what turns out to be a “time out.”

Donnell Law Group’s dedicated team of York Region separation lawyers —Aurora, Newmarket, Bradford, Richmond Hill, Keswick, Georgina, East Gwillimbury and Markham inclusive—can help you guide the legal terms of your marriage to help ensure a smooth start, and, if needed, ease the legal burdens of its demise.

Customized Agreements Put You in Control

Think about it: all marrying couples already start their marriages with a prenuptial agreement—It’s called divorce law. But why let the government dictate the terms of your affairs when you can customize premarital/cohabitation/separation agreements that allow you and your partner to determine the resolution of your affairs? And, a premarital or cohabitation agreement provides more than just a roadmap to end your relationship, they can also offer a framework for handling money and property issues as you start your lives together. Donnell Law Group’s separation lawyers are experienced in all aspects of family law and can draft an agreement to meet your unique needs.

Protect Your Rights with a Cohabitation Agreement

Common law relationships are quite common in Canada, yet many Canadians do not know or understand their rights under this type of arrangement. A cohabitation agreement provides legal protection for the parties involved and fully details each party’s rights under the agreement so as to limit any misunderstandings should the cohabitation come to an end.

Factors that Call for Premarital, Cohabitation or Separation Agreement

Many marriages and cohabitations in Ontario can be dissolved with relatively limited fuss and necessary legal maneuverings. However, the difficulty of marriage dissolution is often dependent in part on factors relating to assets and children. Thus, the following factors increase the potential benefits of premarital, cohabitation or separation agreement drafted by a skilled separation lawyer:

• If one of you has significantly greater assets than the other.
• If one of you earns more money or you intend one partner to stop working to raise your family.
• If it’s not the first marriage for one or both of you; an agreement is particularly important when there are children from previous relationships.
• A prenuptial agreement can ensure that your estate planning is effective and that your assets are distributed according to your wishes.
• If one of you has a high debt load.
• If one of you owns a business; if the relationship ends, the business might be considered a joint asset without a premarital or cohabitation agreement in place.

Your separation lawyer, Aurora, Newmarket, Bradford, Richmond Hill, Markham, or anywhere in the York area, will ensure that your rights, and those of your family, are protected with an agreement that makes sense. Contact us today for your initial consultation.