Marriage agreements, or domestic contracts, are comprehensive contracts entered into by couples regarding their marriage. They are proactive in nature, allowing couples to define the terms of their marriage and address potential issues that may arise in the future. They can include provisions related to property division, financial responsibilities, custody and access issues, and other aspects of the marriage.

A prenuptial agreement is signed before marriage, outlining each party’s financial arrangements and responsibilities. Postnuptial agreements, on the other hand, are entered into after marriage but serve a similar purpose. Both agreements can address issues such as property division, alimony, and debt allocation after a relationship breakdown.

Separation agreements are designed for couples who are already married but have decided to live separately or are contemplating divorce. A separation agreement establishes the terms of the separation in the case of a relationship breakdown, including matters such as child custody, spousal support, and the division of assets and debts after the relationship or marriage ends together.

While not exclusive to married couples, cohabitation agreements are relevant for couples in a common-law relationship or who choose to live together without getting married. A cohabitation agreement is a type of domestic contract that caters specifically to the needs and circumstances of unmarried couples in long-term relationships.

Marriage contracts provide a framework for protecting individual assets and property rights, particularly in the case of significant wealth disparities between spouses.

These agreements can establish clear guidelines for financial responsibilities during the marriage and in the event of a divorce or separation.

Couples with business interests may use marriage contracts to safeguard their business assets and prevent potential conflicts.

Marriage contracts can stipulate the terms of alimony or spousal support, providing clarity and avoiding potential disputes in the event of a divorce.

In addition to assets, marriage contracts can outline how debts acquired during the marriage will be divided, offering financial protection to both spouses.

The process typically begins with a consultation with one of our marriage contracts lawyers. During this meeting, we assess the couple’s needs, explain the legal implications of the contract, and provide guidance on the appropriate type of agreement. It’s crucial for each party to have independent legal advice and representation to ensure fairness and legality.

We then draft the marriage contract based on the couple’s preferences and legal requirements. This includes specifying details such as property division, the spousal support payable, and any other relevant provisions.

The couple reviews the draft with their respective lawyers and may engage in negotiations to ensure both parties are satisfied with the terms.

Once both parties are comfortable with the terms, the marriage contract is signed by both spouses, often in the presence of witnesses. Upon execution, the contract becomes legally binding.

If one party fails to provide full and honest financial disclosure when creating the contract, this may be grounds for contestation.

If a party can prove that they were forced or coerced into signing the contract, a court may find the agreement invalid.

If the terms of the contract are deemed extremely unfair or unconscionable at the time of signing, a court may intervene.

If the contract violates existing laws or public policy, it may be rendered invalid.