Cohabitation Agreements & Marriage Contracts

Did you know? What is often referred to a “prenup” or prenuptial agreement, is actually a domestic contract that allows parties to preserve their rights to and interest in property before separation.

Cohabitation agreements are created when a common law couple decides they want to begin living together.

What Is A Marriage / Cohabitation Agreement?

In Ontario, Cohabitation Agreements and Marriage Contracts (commonly called prenuptial or postnuptial agreements) allow couples to plan and protect their financial interests in the event of separation, divorce, or death. These agreements create clarity, reduce conflict, and ensure both parties understand their rights and obligations.

Cohabitation Agreement

A Cohabitation Agreement is for unmarried couples living together (common law partners). It can address:

  • Division of property if the relationship ends
  • Responsibility for debts and joint expenses
  • Spousal support obligations (if any)
  • Rights regarding the shared home

If the couple later marries, the cohabitation agreement automatically becomes a marriage contract unless stated otherwise.

Marriage Contract (Prenuptial or Postnuptial)

A Marriage Contract is for married couples (before or after marriage) and can address:

  • Ownership and division of property and assets
  • Spousal support terms
  • Protection of family businesses, inheritances, or investments
  • Treatment of the matrimonial home (with some legal limitations)

These agreements cannot predetermine child custody or child support, as those decisions must always be based on the best interests of the child at the time of separation.

At Mahin Law, we help couples draft, review, and negotiate cohabitation agreements and marriage contracts to ensure they are fair, enforceable, and tailored to your family and financial situation.

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