Cohabitation & Marriage Legal Services

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Individuals wishing to live together or marry are wise to consider a Cohabitation Agreement or Marriage Contract to help avoid potential financial issues in advance.

Cohabitation Agreements pertain to couples who wish to live together in what is often referred to as a common-law relationship. While a Marriage Contract relates to a couple considering marriage or who are already married to each other.

Both types of agreements help mitigate disputes concerning support and property should a couple choose to separate. 

Cohabitation Agreement

Individuals wishing to live together may feel more secure deciding some of their financial issues in advance. These decisions are the basis of a Cohabitation Agreement.

A Cohabitation Agreement sets out terms of the financial relationship of a couple—regardless of gender—who live together. This document helps to mitigate disputes concerning support or property should they decide to separate. Among other factors, a couple may wish to decide on spousal support payments, division of certain assets, or buy-out terms of jointly held assets such as a home.

A cohabitation agreement is tailored to be as unique as the people for whom it is designed. And should the couple marry, the cohabitation agreement can quickly become a Marriage Contract.

Marriage Agreement

A Marriage Contract (or Prenuptial Agreement) is similar to a Cohabitation Agreement since both set out terms of the financial relationship of two people should they decide to separate.

A Marriage Contract pertains to individuals planning on marriage or who are currently married to each other and who wish to determine their financial arrangements should the marriage end.

The primary issues contained in a Marriage Contract are usually a division of property and spousal support. It is often helpful if a couple, aided by their lawyer, decides on terms of these issues in advance so that potential disputes can be resolved in a timely fashion and with minimal cost.

Up until 2005, marriage contracts were reserved for opposite-sex couples only. While cohabitation agreements could become marriage contracts upon an opposite-sex couple’s marriage, this was not the case for same-sex couples. Now, same-sex couples with cohabitation contracts would be wise to review and revise these agreements if they wish to marry.

Regardless of gender, a Marriage Contract is especially beneficial to protect each individual’s assets or business interests in the event of a separation.

Requirements for Marriage in Ontario

In addition to an age requirement and parental consent if underage, choices need to be made on the type of marriage—religious or civil—as well as obtaining official forms in advance of a wedding, a certificate of marriage after a wedding, a possible change of surname for one or both parties, and remarriage after divorce. Specific information can be found here. 

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