Whether you are moving in with your partner, getting married, or already living together, a domestic contract can be a smart and respectful way to define how your relationship will be managed from a legal perspective. Rather than creating conflict, these agreements often bring both partners clarity and peace of mind.
In Ontario, domestic contracts include cohabitation agreements, marriage contracts (also known as prenuptial or postnuptial agreements), and separation agreements. The goal is not to anticipate the end of the relationship but to ensure that both parties understand and agree on key financial matters and responsibilities.
Start with Open Communication
A healthy domestic contract starts with an honest and respectful conversation. Talk about your goals, values, and concerns before sitting down with a lawyer. It’s important that both partners feel comfortable discussing finances, property ownership, debt, and future expectations.
If either party feels pressured or unclear about what is being proposed, it can undermine the fairness of the agreement later. A good domestic contract reflects mutual understanding and cooperation.
Know What Can Be Included
Domestic contracts can address topics such as how property will be divided, how debt will be handled, whether either partner will be entitled to or responsible for spousal support, and how gifts, inheritances, or business interests will be treated. They can also outline financial responsibilities during the relationship. However, it’s important to note that parenting time and decision-making about children cannot be included. Courts will always determine those issues based on the child’s best interests, regardless of what a domestic contract says.
Ensure Independent Legal Advice
One of the most important steps in creating a fair domestic contract is for each person to receive independent legal advice. This helps ensure that both parties fully understand their rights and the implications of the agreement.
When both partners are represented by their own lawyers, it reduces the risk that the agreement will be challenged or overturned in the future. Courts are more likely to uphold a domestic contract when it is entered into freely and with full knowledge of its consequences.
Focus on Long-Term Fairness
A domestic contract should be reasonable and reflect the couple’s circumstances when it is made. If one person is giving up significant rights or taking on more risk, it may not be viewed as fair or enforceable down the road.
It’s also a good idea to review the agreement over time, especially if there are major life changes, such as having children, receiving an inheritance, or a shift in income.
How OV Family Law Can Help
At OV Family Law, we work with individuals and couples to draft, review, and update domestic contracts that protect their rights and reflect their values. Whether you are planning for the future or seeking clarity in the present, we can guide you through the process with professionalism and care. Reach out today at 647-499-5565 or [email protected].