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Making a vow to understand the merits of marriage agreements

It seems that there are different seasons for different family law processes. In terms of marriage agreements, May seems to be a busy time for prenuptial agreements most likely because June and July are the hottest marriage months in Ontario. December sees the courts inundated with Christmas access motions that will decide with whom the kids will spend the holidays. There are some things a couple might want to consider before vowing to write a marriage contract that is agreeable to both individuals, no matter what the month.

Marriage (or cohabitation for common law couples) agreements are documents that spell out scenarios that may be different from what the law indicates should happen if the couple divorces or separates or if one partner dies. These contracts can be tailored to meet the individual needs of each couple. For instance, they can spell out how assets and debts would be divided upon divorce or separation. This is extremely important for common law couples since many of the same laws that govern legally married couples don't apply to those living common law.

They can also speak to second marriages and to blended families. Talking about a marriage agreement doesn't have to be a negative. In fact, these types of contracts can often solidify a marriage or relationship. Even so, having the prenuptial agreement talk should be done in an atmosphere of love and trust, so each person feels connected to, rather than disjointed from, the other.

An Ontario lawyer may be able to help point out the merits and positives of marriage agreements.  He or she can help a client to understand the exact benefits of having such an agreement in place, so a couple may be better able to communicate those feelings to each other. Good legal advice goes a long way to fostering open, honest discussions between partners.

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