Separation agreements, marriage contracts and cohabitation agreements
Most couples are able to resolve the issues arising from their separation, whether they be parenting concerns or financial issues, by negotiation with the assistance of lawyers. These agreements are incorporated into a document called a Separation Agreement that is legally enforceable.
MARRIAGE CONTRACTS AND COHABITATION AGREEMENTS
A cohabitation agreement or marriage contract can override what would otherwise govern property division upon separation. A cohabitation agreement or marriage contract can also supersede spousal support rights or obligations, although a court can disregard an agreement regarding spousal support in limited circumstances. A cohabitation agreement automatically becomes a marriage contract if you should marry.
The Kelly D. Jordan Family Law Firm team can assist you in all aspects of the preparation of these agreements from negotiation to drafting. We can provide you with legal advice on any contract that you have entered into with your spouse.
GETTING A DIVORCE CAN AFFECT YOUR LEGAL RIGHTS:
You can obtain a divorce if you have lived separate and apart from your spouse for at least one year. This can include situations where you have lived separate and apart under the same roof. You do not have to wait until you have been separated for over a year to commence the divorce proceedings. Although a divorce can be granted on grounds of adultery or cruelty, this is very rare and will be more complicated with no change to the outcome.
Getting a divorce can affect your legal rights. For example, after a divorce:
- you can no longer seek sole possession of your home,
- you may be no longer covered on your spouse’s health or dental plan, and you only have two more years to make a property claim.
We charge a flat rate for obtaining an uncontested divorce. You will need a copy of your original marriage certificate. If you do not have one and were married in Ontario, you can order one at http://www.ontario.ca/en/life_events/married/STEL02_119192.html