Family Law Act Part 4: Domestic Contracts

There are various domestic contracts that fall under the Ontario Family Law Act. 

Marriage contracts

Also known as a prenuptial agreement, a marriage contract consists of a list of assets owned by each spouse before the date of marriage.  If the marriage ends due to divorce neither of the spouses will have any claim to the other spouse’s property that was owned before the date of marriage.  Here are some reasons why a couple might choose to sign a marriage contract:

• Own considerable assets.
• Own property.
• Possess a private practice or business.
• Preclude children from starting a court action against the surviving spouse for more than is bequeathed in the deceased’s will.
• Protect the interests of third parties, such as children from a previous marriage or business partners.
• Remarriage.

Cohabitation agreements

Two people that have the intention to live together, but not get married, will sign this agreement.  This agreement will list the rights and obligations of each party during the period that they live together.  If the two people get married, this agreement will then be deemed as a marriage contract.

Separation agreements

Spouses that have lived together in the matrimonial home decide to separate.  They may enter into a separation agreement where the following will be outlined:

• Ownership or division of property
• Support obligations
• The right to be involved with the child’s education & moral training
• The right to custody of the children
• Any other matters of their affairs.

Paternity agreements

Under the Family Law Act, a paternity agreement is signed where a man and woman, who are not married and have a child together, agree to child support and custody terms and conditions.