Family Law
Prenuptial Agreement:
A prenuptial agreement, also known as a marriage contract in Ontario, is a legal document created by a couple before they marry or enter into a common-law relationship. This agreement details the ownership of each partner's assets and how these assets will be divided if the marriage ends in divorce. While planning for the end of a marriage before it begins might seem unromantic or pessimistic, a prenuptial agreement is actually a practical tool that provides a clear financial plan for the couple. It can help prevent conflicts and ensure a fair and equitable division of assets if a divorce occurs. Even with the best intentions for a lifelong union, it is a prudent measure to protect your assets from unforeseen circumstances.
Separation Agreement:
A separation agreement is a legal document that couples use when they choose to live apart but are not ready or do not wish to divorce. This agreement enables the parties to make arrangements on key issues such as child custody, property division, spousal support, and child support. The document serves as a formal record of the terms agreed upon, clarifying each party's responsibilities and rights during the separation. In Ontario, for the agreement to be legally binding, it must be written, signed by both parties, and witnessed. While a separation agreement is not mandatory, it can provide clarity and help minimize disputes.
Divorce:
Going through a divorce can be an emotionally distressing experience for all parties involved. Whether the decision to separate or end the marriage was yours or not, it can be challenging to navigate. In Ontario, an uncontested divorce, also referred to as a simple divorce, involves only filing a divorce claim in court. In this type of divorce, no claims are made for child custody, child support, spousal support, or property division. A joint uncontested divorce can also be filed if both you and your ex agree to apply together. Conversely, a contested divorce occurs when the parties disagree on one or more issues, such as custody, child support, spousal support, property division, or the matrimonial home.
