Prenuptial & cohabitation agreements

Should I protect myself in case something goes wrong?

Although we all strive to live happily ever after, relationships can evolve in unexpected ways. Having an agreement in place which clarified financial rights and obligations between both parties can provide clarity and peace of mind in case things don't go as planned.

Did you know?

Marriage contracts and prenuptial agreements can be completed at any time, even after the marriage has occurred
Cohabitation can result in common law, even if the relationship is not amorous
Discussing an agreement with your spouse can be difficult, however, it can be considered in the same manner as insurance

Useful resources

Marriage Contract Myths & Realities
Steps to Justice - What is a Marriage Contract?

Prenuptial & Cohabitation Agreement FAQ

Is a marriage contract the same thing as a prenuptial agreement?

Yes, a prenuptial agreement is the same thing as a marriage contract. The terms can be used interchangeably, however, in Canadian legal circles, the term "marriage contract" is used more frequently.

How much does it cost to get a marriage contract or a cohabitation agreement?

The cost of a marriage contract varies depending on the complexity of your personal situation. In our experience, most marriage contracts range between $3000-5000.

I’m afraid my partner / fiancé will react poorly to me asking for a marriage contract, what should I do?

Marriage contracts can provide both parties with protection in the event that the marriage does not go as planned. It can be considered a form of insurance. Every couple’s situation is unique and thus a marriage contract may be suitable for some and not suitable for others.

I’ve heard that marriage contracts can be set aside, do I still need one?

While it is possible under certain circumstances to set aside a marriage contract (e.g., if it was signed under duress), a well drafted marriage contract does provide protection and is strongly recommended if you have significant assets prior to getting married.

Can I sign a marriage contract after getting married?

Yes, it is possible to sign a marriage contract after getting married. However, once you are married, your spouse has gained certain rights and thus there is more flexibility in agreeing to a marriage contract prior to getting married.

Is a cohabitation agreement really necessary?

A cohabitation agreement is similar to a marriage contract in that it specifies what happens when you separate from being in a common-law relationship. It provides both parties with protection, especially if you or your partner has a significant amount of assets. If you anticipate getting married, the cohabitation agreement can turn into a marriage contract.

Move on to the next stage in your life

Kalra Family Law is a boutique divorce and family law firm with 2 offices in downtown Toronto and Oakville. We have deep expertise in divorces, common law separations, spousal support, child support, child custody and access, property division, self-employed income, business division, marriage contracts, prenuptial agreements and cohabitation agreements. We serve the Greater Toronto area, including Vaughan, Mississauga, Markham, Richmond Hill, Forest Hill, Rosedale, Etobicoke, North York, Scarborough, Pickering, Ajax, Brampton and Oakville.

Contact Info

TORONTO OFFICE (MAIN)
55 University Avenue, Suite 1100
Toronto, Ontario, M5J 2H7

OAKVILLE OFFICE
277 Lakeshore Road East, Suite 408
Oakville, Ontario, L6J 6J3