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Prenups, cohabitation and separation agreements
Clear, carefully drafted domestic contracts for couples moving in, getting married or living apart. Written in plain language and built on full disclosure, so both of you know exactly where you stand.
Prenuptial agreements
In Ontario, a prenup is a marriage contract signed before the wedding. It lets you decide now how property, debts and support would be handled if the marriage ended, so neither of you faces uncertainty later.
What it can cover
- Protecting a business, inheritance or family property
- How property and debts would be divided
- Spousal support terms
- How the agreement can be reviewed or changed
Worth considering if
- Either of you owns a business or significant assets
- You expect an inheritance or family gift
- One of you has children from a previous relationship
- You simply want clarity before you marry
Cohabitation agreements
Common-law couples in Ontario don’t share property the way married spouses do. A cohabitation agreement sets out what’s shared, what’s kept separate and what happens to the home if you part ways. If you later marry, it becomes a marriage contract.
What it can cover
- Ownership of the home and what each person contributed
- Shared and separate property
- Spousal support expectations
- What happens if you marry
Worth considering if
- You are moving in together
- One of you owns the home you’ll live in
- You are contributing unequally to a purchase
- You want expectations clear from day one
Marriage contracts
A marriage contract can be signed before or during your marriage. It records how you’ll share property and handle support if you separate, giving both of you a predictable outcome without a dispute.
What it can cover
- Division of property and equalization
- Treatment of the family home
- Spousal support
- Financial obligations during the marriage
Worth considering if
- You are already married and want clarity
- Your finances have changed significantly
- You are starting or acquiring a business
- You want to replace an older agreement
Post-marriage contracts
Circumstances change after the wedding. A post-marriage contract lets married couples set or update terms, for example after a new business, an inheritance or a move, so your agreement reflects your life as it is now.
What it can cover
- Assets acquired after marriage
- Updating or replacing a prenup
- Support terms
- Business interests and investments
Worth considering if
- You received an inheritance or significant gift
- One of you started a business
- You never signed a prenup and want one now
- Your earlier agreement is out of date
Separation agreements
A separation agreement records everything you’ve agreed about parenting, support and property in one binding document. Whether you reached agreement through mediation, collaborative negotiation or on your own, Angelina can draft or review it.
What it can cover
- Parenting arrangements and decision-making
- Child and spousal support
- Division of property, pensions and debts
- The family home
Worth considering if
- You have separated and agreed on some or all terms
- You resolved issues in mediation
- You need an agreement reviewed before signing
- You want to avoid court entirely
Parenting plans
A parenting plan sets out how you’ll raise your children across two homes: the schedule, holidays, decision-making and how you’ll communicate. A thoughtful plan reduces conflict and gives children stability.
What it can cover
- Regular schedule and holiday time
- Decision-making responsibility
- Communication between parents
- Travel, relocation and changing needs
Worth considering if
- You are separating and have children
- Your current arrangement needs updating
- Children are getting older and needs are changing
- You want a clear, workable routine
What makes an agreement hold up
A domestic contract is only as strong as the process behind it. Angelina makes sure yours is done properly.
It’s in writing, signed and witnessed
Ontario’s Family Law Act requires these formalities for marriage contracts, cohabitation agreements and separation agreements.
Both people make full financial disclosure
Income, assets and debts are shared openly. Hidden or missing information is one of the most common reasons agreements are set aside.
Each person gets independent legal advice
Separate lawyers confirm that each of you understands the terms and is signing voluntarily.
There’s time to think
Agreements signed without pressure, well ahead of a wedding or move, are far harder to challenge.
Agreement questions
When should we sign a prenup?
Well before the wedding. Signing at the last minute can suggest pressure and make an agreement easier to challenge. Starting a few months ahead leaves time for disclosure, independent legal advice and thoughtful revisions.
Can one lawyer prepare the agreement for both of us?
Angelina can draft the agreement, but each person should receive independent legal advice from a separate lawyer before signing. This protects both of you and the agreement itself.
Can an agreement decide custody of future children?
Ontario law doesn’t allow parenting arrangements to be fixed in a marriage contract or cohabitation agreement in advance. Those decisions are made in a separation agreement or parenting plan, based on the children’s best interests at the time.
Can we change an agreement later?
Yes. Domestic contracts can be amended or replaced if you both agree, using the same formalities: in writing, signed and witnessed, ideally with fresh disclosure and legal advice.
Put your agreement in place
Tell Angelina about your plans and she will explain what your agreement should include.