Co-habitation Agreement

A Cohabitation Agreement is a legal document that outlines the rights and responsibilities of individuals who are living together in a domestic partnership without being married.

A cohabitation agreement is a formal written contract between you and your common-law partner, usually created prior to or during your shared residence.

It is a contractual agreement that outlines the protocols for addressing conflicts and resolving issues during the duration of the partnership, as well as in the event of a relationship dissolution. The agreement may encompass various facets, including as the allocation of assets and liabilities in the event of a separation.

However, a cohabitation agreement does not have the authority to determine child custody or visitation rights in the event of a separation. The reason for this is that decisions about children should be grounded in their utmost welfare and are most effectively made during the period of separation or divorce.

If you subsequently choose to wed your partner, the cohabitation agreement will instantly transform into a marriage contract.

Marriage Agreement

A Marriage Agreement, also known as a prenuptial agreement or prenup, is a legally binding contract entered up by a couple before they get married. It outlines the rights and responsibilities of each spouse in the event of a divorce or separation, including the division of assets and spousal support.

A marriage agreement, also known as a marriage contract or prenuptial agreement, is a legal document that outlines the regulations of spousal maintenance and the distribution of assets in the event of a relationship breakdown, similar to a cohabitation agreement.

In Ontario, marriage agreements are generally considered legally binding when it comes to matters of spousal support and property partition. Similar to cohabitation agreements, marriage agreements are not allowed to specify the allocation of child custody or visitation rights. Moreover, there are situations in which a party has the ability to invalidate the contract if the process of negotiating or signing is considered to be unjust.