In Ontario, couples can define their rights and obligations in relation to their relationship through a type of domestic contract. Depending on their relationship status, married or unmarried, this contract is either a marriage contract or a cohabitation agreement.
What is a Marriage Contract?
A marriage contract (often called a prenuptial or postnuptial agreement) is a legal agreement between spouses or soon-to-be spouses. It allows them to define their rights and obligations during the marriage, in the event of separation, annulment, or divorce, or upon the death of a spouse.
Marriage contracts in Ontario help couples set clear expectations about property ownership, financial responsibilities, and other important matters before or during marriage. See our previous post to learn What Makes a Prenup “Fair” and Enforceable.
What is a Cohabitation Agreement?
A cohabitation agreement is a contract between couples who are living together (cohabiting) or plan to live together and who are not married to each other. It outlines each partner’s rights and obligations while living together, if they stop living together, or upon the death of a partner.
If the parties to a cohabitation agreement marry each other, the agreement is deemed to be a marriage contract, unless the agreement specifies otherwise.
What Can These Agreements Include?
Both marriage contracts and cohabitation agreements in Ontario can cover similar issues, including:
- Ownership in or division of property
- Spousal support obligations
- If applicable, the right to direct the education and moral training of their children (Note: this does not include decision-making responsibility or parenting time)
- Any other matter in the settlement of their affairs – for example, debt responsibilities
Considering a marriage contract or cohabitation agreement? Speak with a family lawyer who can help you understand your options and draft an agreement that reflects your intentions. Contact us today to schedule a consultation.