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The Family Law Act (Ontario) extends broad contractual rights to people in a domestic relationship to order their affairs:
by entering into a domestic contract in which they agree on their respective rights and obligations in connection with such matters as:
The right to custody of or access to children is not the proper subject matter of a Marriage Contract or a Cohabitation Agreement, but may be addressed in a Separation Agreement.
The enforceability of these domestic contracts – that is the party’s certainty that the agreed to terms and conditions will be upheld by a Court if challenged – is a very real concern.
Parties who enter into domestic contracts should ensure that they and their spouse (or future spouse):
Failure to comply with these requirements could give rise to a successful application to set aside a domestic contract, in whole or in part, under the Family Law Act (Ontario).
Let Sorley & Still Help You: Sorley & Still’s lawyers can help you negotiate and finalize domestic contracts which protect your interests, financial or otherwise.