Family law in Ontario, Canada, is governed by provincial and federal laws that regulate marriage, divorce, child custody (Decision-making responsibility), support, and property division. One of the essential tools used in family cases to resolve disputes between parties is a domestic agreement.
A domestic agreement is a legally binding contract between parties that sets out their rights and obligations regarding issues such as property, support, and custody. In this article, we will explore the concept of domestic agreements and their use in family cases.
What is a Domestic Agreement?
A domestic agreement is a legally binding contract between parties who are or have been in a domestic relationship. The domestic relationship may be a marriage, a common-law relationship, or a same-sex relationship.
A domestic agreement can be entered into at any time during the relationship, including before, during, or after separation. The agreement can cover a range of issues, including property division, spousal support, child custody, and access.
Types of Domestic Agreements:
In Ontario, there are three types of domestic agreements: marriage contracts, cohabitation agreements, and separation agreements.
Marriage Contracts:
A marriage contract is a domestic agreement entered into by parties who are planning to get married or are already married. The contract can be used to set out the rights and obligations of each party in the event of a separation or divorce. A marriage contract can cover issues such as property division, spousal support, and inheritance rights.
Cohabitation Agreements:
A cohabitation agreement is a domestic agreement entered into by parties who are living together or plan to live together. The agreement can cover issues such as property division, spousal support, and child custody. A cohabitation agreement is particularly important for couples who are not married but live together, as they do not have the same legal rights as married couples.
Separation Agreements:
A separation agreement is a domestic agreement entered into by parties who have separated or are in the process of separating. The agreement can cover issues such as property division, spousal support, child custody, and access. A separation agreement is an important tool for parties who want to avoid going to court to resolve their disputes.
Enforcing a Domestic Agreement:
A domestic agreement is a legally binding contract, and parties who breach the agreement can be held accountable in court. However, before a court will enforce a domestic agreement, it must be satisfied that the agreement is valid and that both parties entered into the agreement voluntarily and with full knowledge of its contents.
To ensure that a domestic agreement is valid, both parties should obtain independent legal advice before signing the agreement. This means that each party should have their own lawyer who can explain the agreement’s terms and the legal consequences of signing the agreement. Both parties must also provide full and frank disclosure of their financial circumstances.
Conclusion
In Ontario, domestic agreements are an essential tool used to resolve disputes between parties. There are three types of domestic agreements: marriage contracts, cohabitation agreements, and separation agreements.
Domestic agreements are legally binding contracts, and parties who breach the agreement can be held accountable in court. To ensure that a domestic agreement is valid, both parties should obtain independent legal advice and provide full and frank disclosure of their financial circumstances.
