Domestic Contracts

Domestic contracts are Family Law Contracts. They include: cohabitation agreements, family arbitration agreements, marriage contracts, paternity agreements and separation agreements.

1) Marriage Contracts

Canadian Law treats marriage as an equal economic partnership between married couples.  When marriage ends, the value of the property each spouse acquired while married is equalized.  A marriage contract allows couples to make decisions on issues of property division, spousal and child support, and even the education and religious upbringing of children in the event of a break-up.  Marriage contracts in Canada can be entered into prior to or during the marriage.

2) Separation Agreements 

A separation agreement is a legal contract entered into by two parties who formerly cohabited or lived together and are now living apart. The agreement generally sets out the agreed upon rights and obligations of the parties regarding their separation. Generally separation agreements will deal with matters such as: property ownership and division; support obligations (including spousal and child support); moral, religious, educational rights of children of the union; custody and access to the children of the children and any other matters pertaining to settling the affairs of the separating parties.

3) Cohabitation Contracts 

Cohabitation Agreements are similar to marriage contracts.  They set out terms for Common-Law couples on how they want their assets dealt with in the event of separation.  They can also deal with other matters that affect the couple, such as how finances are to be handled, child and spousal support where relevant and disposition of assets in the event either spouse dies.

​4) Parental Agreements 

Parental Agreements set out terms mutually agreed upon by both parents for their children.  They are typically used when spouses separate and would prefer to forego the court process and litigation when making decisions regarding child custody and access.  Parental Agreements can be quite useful and can properly cover issues as financial arrangements for the child or children, visitation rights of the parents with regards to health, education, recreation, special needs and the general well-being of the child. 

​5) Paternity Agreements 

Paternity Agreements set out terms agreed upon by a man and a woman with respect to covering expense for prenatal childcare and birth; child support; of funeral expenses for the child of the mother. Paternity agreements may be enforced by the courts under certain circumstances.