Marriage Contracts and Cohabitation Agreements
In Ontario, a Domestic Contract is a legally binding written agreement governed by the Family Law Act that allows couples to define their financial rights and responsibilities outside of the default rules set by provincial law.
Often called Prenuptial Agreements, Marriage Contracts or Cohabitation Agreements can assist both married and unmarried couples, whether they are just starting their relationship or have been together for many years. These Domestic Contracts are an added level of security and peace of mind for couples. No one wants to think about their relationship ending, but developing a contract when a couple is still in a loving/caring relationship is the best way to ensure that both parties are cared for in the future, should anything change. Each party has a chance to articulate clear expectations which will avoid conflict and simplify matters should the relationship end, which is typically a period of time that can be extremely stressful.
While independent legal advice is not mandatory under Ontario law, courts are more likely to uphold a Domestic Contract when each party has received advice from their own lawyer before signing. Cohen Highley’s family law team can assist you in preparing an agreement that works for both you and your partner, by protecting your respective interests.
Dometic Contract Services We Offer
Our family law team can assist across Southwestern Ontario with the full range of Domestic Contract services, including:
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Marriage Contracts: We assist with drafting contracts before or during marriage to define how property, debts, and spousal support will be handled if the relationship ends.
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Cohabitation Agreements: We can help structure Cohabitation Agreements covering property ownership, debt responsibility, and support before or after moving in together.
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Agreement Review & Independent Legal Advice: If you have been presented with a draft Domestic Contract, our lawyers can review it, explain its implications, and help you understand your rights before you sign.
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Updating an Existing Agreement: We can also review and update existing Domestic Contracts when circumstances change to ensure the agreement continues to reflect your intentions.
Our Approach to Marriage Contracts & Cohabitation Agreements
A Domestic Contract is not about anticipating failure, it is about making thoughtful decisions together. Our family law team approaches this work without judgment, in plain language, and with your specific circumstances at the centre.
We begin by understanding your situation, goals, and the assets or arrangements you want to address. Then, we will advise you on how Ontario’s Family Law Act applies to your circumstances, explain what a Domestic Contract can and cannot accomplish, and draft an agreement that accurately reflects your intentions. Full and frank financial disclosure by both parties is a legal requirement. We guide you through this process to ensure the agreement rests on a solid foundation. Once finalized, the agreement must be in writing, signed by both parties, and witnessed.
Why Choose Cohen Highley LLP
Since 1974, Cohen Highley LLP has provided personalized legal services to Ontarians, and our family law team brings that same depth of experience to Domestic Contract matters. We hold ourselves accountable for the quality of our work on every file, which means plain-language guidance, honest advice tailored to your situation, and a clear picture of both what your agreement can accomplish and where its limitations lie. With six office locations across London, Kitchener, Windsor, Strathroy, and Sarnia, our team is committed to helping clients throughout Southwestern Ontario.
Frequently Asked Questions
Do I need a lawyer to create a Domestic Contract in Ontario?
Ontario law does not require that both parties have a lawyer to sign a Domestic Contract. However, independent legal advice for each party significantly strengthens the enforceability of the agreement. A court is more likely to uphold a Domestic Contract when both parties understood its terms and obtained their own legal counsel before signing.
What is the difference between a Marriage Contract and a Cohabitation Agreement?
Both are types of Domestic Contracts under Ontario’s Family Law Act.
- A Marriage Contract is entered into by two people who are married or plan to marry.
- A Cohabitation Agreement is entered into by two people who are living together or plan to live together in a marriage-like relationship, regardless of marital status. It can be converted into or replaced by a Marriage Contract if the couple later decides to marry.
Can a Domestic Contract address spousal support?
Yes. A Domestic Contract can include provisions about spousal support, including whether support will be paid, in what amount, and for how long. Courts do have the ability to override or vary support provisions in a Domestic Contract in limited circumstances.
Can a Marriage Contract or a Cohabitation Agreement cover children or child support?
Neither a Marriage Contract nor a Cohabitation Agreement can determine parenting arrangements or decision-making responsibility for children, and they cannot be used to waive a child’s right to support. Questions about parenting arrangements and child support are addressed separately through family law processes.
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