Agreements: Marriage Contracts, Cohabitation, Separation
Lawyers at Daniels Law Firm in Ottawa, Ontario will draft domestic contracts that are right for you. They will also provide independent legal advice on the existing agreements. Lastly, they will modify outdated agreements based on material changes in the circumstances clause.
Marriage Contract and Cohabitation Agreements
The Family Law Act in Ontario specifically provides for Marriage Contracts and Cohabitation Agreements, entered by couples in committed relationships who intend to reside together. These contracts can function as prenuptial agreements and determine how property is divided in the event of separation or divorce. It also gives couples a way to organize their affairs while they are living together.
A Marriage Contract is entered into by a legally married couple, either before their marriage or after their nuptials. A Cohabitation Agreement is entered into by a couple in a common-law relationship. If a couple in a common-law relationship marries, their Cohabitation Agreement automatically becomes a Marriage Contract, unless they choose to negotiate a new contract.
Through Marriage Contracts or Cohabitation Agreements, spouses can decide upon each one’s respective rights and responsibilities during the relationship. Although this cannot include agreement about child custody or support, they can include a wide scope of personal and economic topics. This can include property division or support obligations toward one another in the event of breakup and how finances will be handled during the relationship. Although access (parenting time) may not form part of a Marriage Contract, the education and moral direction of children can be negotiated. Couples may agree, for example, to raise the children in a particular religious faith or insist on specific schooling.
Daniels Law Firm can draft Marriage Contracts and Cohabitation Agreements as well as provide Independent Legal Advice on existing agreements.
Separation Agreements and Parenting Plan
Separation Agreement is entered into by common law and married parties who no longer desire to be together. It is drafted during lawyer to lawyer negotiations or during mediations. Separation Agreement is a legally binding document signed by both parties and witnessed by their respective lawyers. It is thoroughly negotiated before it is finalized. It includes calculation of equalization payment as well as spousal support and child support payments. Parenting time and decision making are detailed including a material change in circumstances clause.
Parenting Plan is a legally binding document entered into by parents who no longer desire to reside together. The Parenting Plan is drafted during lawyer to lawyer negotiations or during mediation. The Parenting Plan details how decisions are made pertaining to the children and how holidays are apportioned. The Parenting Plan also details the children’s living arrangements and any other issues pertaining to the children.
At Daniels Law Firm we draft Separation Agreements and Parenting Plans as well as provide Independent Legal Advice on existing agreements.
Surrogacy Contracts and Sperm Donor Agreements
Couples who engage in the processes of sperm donation and surrogacy also require legal contracts, consistent with Ontario’s Family Law Act, the Assisted Human Reproduction Act and case law, to protect the interests of everyone involved.
- A surrogacy contract might include language that precludes the surrogate from claiming parental rights after the baby is born.
- A sperm donor agreement might similarly protect the donor from child support claims or guardianship responsibility at any point in the child’s life.
Daniels Law Firm provides legal advice on surrogacy contracts and sperm donor agreements. These contracts are designed to protect the rights of everyone involved.
Contact Daniels Law Firm
To learn more about how the firm can help you with a fertility agreement, cohabitation agreement or marriage contract negotiation, call 613-867-6871 or contact the firm online.