Clarifies goals, pressure points and non-negotiables before draft language is exchanged.
Use it when: before the first drafting meeting, ideally months before a wedding or major transaction.
Download the worksheetCurrent legal informationReviewed through July 2026This guide provides general information, not advice about a specific matter.
These tools help couples move from a vague request for a prenup or cohabitation agreement to a transparent, reviewable plan with enough time for meaningful advice.
Clarifies goals, pressure points and non-negotiables before draft language is exchanged.
Use it when: before the first drafting meeting, ideally months before a wedding or major transaction.
Download the worksheetCreates the asset, debt and income schedule that supports informed agreement negotiations.
Use it when: before terms are finalized and attach source documents rather than estimates where possible.
Download the worksheetFlags events that may make an older domestic agreement incomplete, impractical or inconsistent with current plans.
Use it when: after marriage, children, relocation, illness, inheritance or a major business change.
Download the worksheetA form should do more than collect facts. These notes explain the hidden issue each worksheet is intended to surface, using concrete examples rather than a generic list of legal topics.
A strong domestic agreement is not a form completed before a wedding; it is an informed process that produces terms both people understand and can live with. We start with the problem the agreement should solve, then build enough time for disclosure, separate advice and real negotiation.
For example: Three weeks before a wedding, one person asks the other to waive all interest in a private company that has not been valued. The useful response is not faster drafting. It is a process plan: identify the records, clarify intended treatment, create negotiating time and address pressure openly.
A net-worth number is not meaningful unless the other person can understand what sits behind it. We pair every material value with ownership, debt, tax characteristics, valuation date and a source record so consent to the agreement is informed rather than assumed.
For example: Listing “company shares — value TBD” beside a personal tax return does not explain the asset being protected. Corporate financial statements, shareholder records, compensation history and an agreed valuation approach may be needed before the schedule supports a durable bargain.
An agreement does not automatically update itself when the family changes. We compare its assumptions with present life, identify clauses that no longer fit and decide whether the right response is an amendment, a new agreement or simply better implementation records.
For example: An agreement signed before children assumes both partners will remain fully employed and keep separate homes. Years later, one has taken parental leave and the family has moved into a home funded partly by an inheritance. The old words need to be tested against the new facts before a crisis.
A cohabitation agreement is typically used by unmarried partners. A prenuptial agreement is made before marriage; a postnuptial or marriage agreement after. The labels matter less than the agreement's timing, parties, legal requirements and actual terms.
An agreement can define how property, debts and support will be handled during the relationship, after separation, and on death. Coordinate it with your wills, beneficiary designations, corporate arrangements and any existing family or shareholder agreements — an agreement that contradicts the rest of your planning creates its own disputes.
The Family Property Act permits spouses and adult interdependent partners to contract about property. Enforceability requires more than signatures on a downloaded form. The Act contains written-agreement and acknowledgment requirements, including separate legal acknowledgment before a lawyer who is not acting for the other party.
The lawyer’s role includes confirming that the person understands the agreement, is aware of the nature and effect of the document, and is signing freely and voluntarily. The precise statutory requirements should be followed at execution.
Each of you should receive meaningful disclosure before deciding whether to sign. That usually means tax returns, income records, bank and investment statements, real-estate information, pension statements, corporate records and a complete list of debts.
Summarize the disclosure in the agreement or its schedules, so the factual basis for the bargain is preserved. Missing or misleading disclosure creates serious enforcement risk.
You and your partner have different legal interests, even when you share the same goals. Each of you should have adequate time to consult a separate lawyer, ask questions, request changes and decide without pressure.
Signing at the last minute before a wedding creates avoidable risk. Start early enough to finish disclosure, negotiate real terms and get independent advice without a countdown clock.
As Heather Fraese explained to The Globe and Mail, a postnuptial agreement can be a planning tool rather than a sign that separation is imminent. Useful agreements have broad, workable terms, complete financial disclosure, planned review dates and coordination with financial advisers where tax consequences matter.
A practical example is a couple who did not complete an agreement before marriage and later receives a family-business interest or inheritance. A postnuptial agreement can record what is intended to remain separate, how future growth or joint contributions will be treated, and what disclosure supported the bargain. It should not be rushed after conflict has already removed the ability to negotiate freely.
An agreement can record present intentions about parenting or child-related expenses, but parents cannot contract out of a child’s right to support or bind a court to a parenting result that is not in the child’s best interests when the issue is decided.
Draft child-related clauses with that limitation in mind, rather than presenting them as permanently binding.
A review does not mean an agreement is ineffective. It tests whether the document still reflects the parties’ intentions and whether amendments should be completed with the same care as the original agreement.
Laws, court procedures and the application of legal tests can change. Obtain advice about the facts, deadlines and documents in your matter.
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