01/26/2021 - admin



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The two most common types of Interspousal Agreements are typically referred to as “Separation Agreements” and “Pre-Nuptial” or “Cohabitation Agreements”. 

Separation Agreements are used after individuals separate and will outline resolution on all of the matters that the individuals have agreed to in response to their separation. These agreements generally deal with property division, parenting time/access, child residence, decision making responsibilities/custody, child support, and spousal support.  

Prenuptial or Co-Habitation Agreements are entered into prior to individuals becoming spouses or during a spousal relationship. These generally include provisions regarding how the individuals wish to resolve matters such as spousal support and division of property should the individuals separate. These agreements are common when individuals enter into relationships, when an existing relationship becomes more serious or the individuals are to become “spouses” under Canadian legislation, or when individuals are entering into a second or third relationship later in life. 

In order for any agreement that deals with property to be binding, both individuals will need to consult separate lawyers from separate law firms to obtain “independent legal advice” from their own lawyers.