Ehinlaiye Law Professional Corporation

Marriage contract or cohabitation agreement: which one do you need?

Domestic contracts are written agreements between partners about how money, property and other issues will be handled during the relationship or if it ends. They aren’t about expecting the worst. They’re about clarity and fairness.

Marriage contracts (prenuptial agreements)

Signed before or during a marriage, a marriage contract can set out how property will be divided and whether spousal support will be paid if you separate. It can’t decide parenting arrangements in advance.

Cohabitation agreements

Common-law couples in Ontario don’t have the same automatic property-sharing rights as married couples. A cohabitation agreement fills that gap. If you later marry, it usually becomes your marriage contract.

Why Independent Legal Advice matters

Each partner should get Independent Legal Advice (ILA) from their own lawyer before signing. ILA helps make sure you understand the agreement and makes it much harder to challenge later.

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