A “domestic contract” under the Family Law Act includes various types of agreements, both pre- and post-marriage, and separation, all of which are intended to protect your interests and address resolutions all of the various issues which may arise.
Pre-marriage, when both sides can be reasonable and fair to one another, is the most appropriate time to talk about what would be fair in the event of marital breakdown and separation. It is particularly important especially if either party has children from a previous marriage, or significant business or family assets.
There are various approaches to property in a marriage contract, with restrictions and limitations (for example, involving the matrimonial home), as well as various approaches to spousal support, and restrictions and limitations involving children. We explain these approaches and the risks and consequences of each clause, and assist you by drafting a valid, enforceable contract that best protects your interests.
Upon marriage breakdown, a comprehensive separation agreement is the most cost effective way to address and resolve all issues arising, including those related to your children (custody, access, and support), and to spousal support and division of property, if not covered by a marriage contract.
In appropriate situations, such as common law relationships, agreements can be prepared dealing only with issues pertaining to the children and/or support.
For more information about how we can help you, please contact us.