Some people wonder if there is an advantage to hiring a lawyer to help with their concubine agreement. While the parties can reach an agreement themselves, the services of a lawyer that have been used can, when preparing a concubine agreement, protect the agreement from disputes in the event of a dispute. Unmarried couples have not always had the opportunity to enter into contracts to provide some of the protection of marriage without actually getting married. As a result of some disputes in this area, it is fairly well established that there are three legal bases on which non-marital agreements can be founded. In Ontario, the law allows unwarried cohabiting partners to enter into a form of contract commonly known as a domestic contract. These agreements are specifically called “concubine agreements” if the partners do not marry. They are called “Marriage Contracts” [or “pre-nups” in the United States] if the partners plan to marry in the near future. It is important to note that a concubine contract is transformed into a marriage contract and remains valid if the partners marry in the future, unless the couple expressly states that they do not want it as a condition [condition] of the concubine agreement. Click on our Marriage Contracts section to learn more. In addition, while it is not mandatory for both parties to have a lawyer to negotiate the terms of the concubine agreement and provide them with independent legal advice (ILA), if they choose to retain a lawyer, they both need separate lawyers to defend their respective interests. The fact that the same lawyer represents both parties in the hearing of the concubine`s contract is considered a conflict of interest for a lawyer. For the agreement to be considered valid, all parties involved must be fully aware of the terms of the agreement. Both partners should disclose their terms before signing the agreement.

However, some jurisdictions allow you to voluntarily waive any disclosure obligation if this is done in writing. Here are some of the frequently asked questions about concubine agreements. Contact us to help you with a concubine agreement that protects your income, property and children. Yes, as long as they are executed correctly. The agreement is signed as an instrument and is bound by contract. So you should seek legal advice and think carefully before committing to one. If the parties decide to marry after signing a concubine contract, their concubine contract is automatically considered a marriage contract. The parties may also enter into a marriage contract after the marriage. Costs vary depending on the amount of negotiations on the terms of the agreement and the participation of lawyers in the hearing. If you and your partner are able to agree on the terms between you, the costs are significantly lower.

What will happen if one of the parties is unable to comply with the terms of the agreement? In such cases, the party wishing to enforce the agreement may submit the agreement to the court in order to enforce, vary or cancel the agreement. There is a high threshold for cancelling an agreement as soon as it has been signed, and an experienced family law lawyer can simplify this process for you. At Williams Family Lawyers, we have negotiated cohabitation agreements in new relationships after death or divorce, as well as for same-sex partnerships. We can also help you negotiate your deal and safeguard your long-term interests. An important part of a concubine agreement is to adapt it to changes….