Domestic Contracts

Under the Ontario Family Law Act, domestic contracts are written agreements between spouses or partners that deal with matters such as property rights, support obligations, and parenting arrangements. To be enforceable, a domestic contract must be in writing, signed by both parties, and witnessed.

Ontario courts can set aside a domestic contract where a party did not receive independent legal advice, where there was non-disclosure of significant assets or debts, or where the agreement was unconscionable. Working with a family lawyer protects the enforceability of your agreement.

A separation agreement is a contract entered into after separation that resolves all issues arising from the breakdown of the relationship — including property division, support, and parenting arrangements. A properly drafted separation agreement provides finality, avoids litigation, and allows both parties to move forward.

Kassa Family Law helps clients negotiate and draft separation agreements, or reviews agreements proposed by the other party to ensure your interests are protected.

A marriage contract allows couples to define their property and support rights before or during marriage. It can address what happens to assets brought into the marriage, inherited assets, business interests, and support in the event of separation. These agreements are most effective when prepared with full financial disclosure and independent legal advice for each party.

A cohabitation agreement serves a similar purpose to a marriage contract but applies to common-law couples. Because common-law partners do not have the same automatic legal rights as married spouses in Ontario, a cohabitation agreement is an important way to clarify each partner's rights and obligations in the event of separation.

Even if you have already reached an agreement with the other party, it is essential that each party obtain independent legal advice before signing. A lawyer reviews the agreement with you, explains its terms and consequences, and certifies that you received advice — which strengthens the agreement's enforceability.