| k |
| There are three main types of domestic contracts Marriage Contracts Cohabitation Agreements Separation Agreements |
| kw |
| Each domestic contract is unique and can be tailored to the particular situation. It should contain only the provisions both you and your spouse or intended spouse want and have agreed to. |
| What is a domestic contract? The general rule is that a domestic contract is a legal document that can be enforced in court if need should arise. |
| Non-disclosure: Before signing a domestic contract, you and your spouse are legally required to disclose your significant assests and debts to one another. This is to ensure that each spouse can make an informed decision about entering and agreeing to the contract. Any domestic contract signed without financial disclosure can be disregarded by the court. |
| Understanding the contract: Most people are aware that they should never sign anything without reading it and understanding it first. Nevertheless, many lengthy documents are signed this way, either from lack of time or too great of trust in the preparer of the document. If a problem surfaces later the court will not have sympathy for a person who signs a document blindly and then applies to the court for help. |
| Independent legal advice: It is customary for each side to review the document with his or her legal representative before signing it. |
| Certificate of independent legal advice: After signing your domestic contract in front of witnesses, your legal representative then completes a certificate that is attached to the contract. Once this is done, it is very difficult for a party to a domestic contract to claim later that he or she did not understand it. |
| A domestic contract is intended to be a final resolution of the affairs of the parties. The contract should be made in clear, legally enforceable language; it should contain special clauses and a certificate of independent legal advice should be attached to it. |
 |
|
|
| Are they always binding? There are certain situations when a contract, or part of it, can be set aside or disregarded by the court: 1. Children - Since a child is not a party to the contract, the court will not permit the parents to bargin away the rights of a child. Accordingly, the court may disregard any provision concerning a child if the court decides it is in the best interest of that child to do so. 2. Support provisions - The court may also overturn a provision for support if it results in circumstances that are unconscionable; eg. If there were a waiver of support contracted and one spouse later won the lottery and became a millionaire, it would be unreasonable to uphold the waiver of support. |
| Quick Links |
|
|
|
|
| kw |
| k |
|
 |
 |
 |
|
| Request A Free Consultation Here |
| Alternative Legal Solutions offers a free consultation to those in Barrie and surrounding areas. |
 |