Marriage contracts, which are often referred to as prenuptial agreements, or “prenups” may not be an easy topic to bring out when planning a wedding, but they can be a useful tool in avoiding potential conflict in the event of a breakdown of a marriage. A marriage contract will often outline what will happen to …
Read MoreWhen purchasing property jointly, title matters! Have a read through my latest Advocate Daily interview on the subject. https://www.advocatedaily.com/jennifer-samara-shuber-formalize-joint-property-purchases-to-avoid-future-conflict.html
Read MoreCouples might be hesitant about entering marriage contracts out of fear that a contract pre-supposes the demise of a relationship. I prefer to look at marriage contracts as a way of getting your financial house in order before you begin a new phase of life. Domestic contracts are akin to a life insurance policy or …
Read MoreCheck out my article on “Why to Consider a Marriage Contract” in Elegant Wedding Magazine and online. https://directory.elegantwedding.ca/listing/beard-winter-llp/
Read MoreAn Ontario court recently considered a case that dealt with an interesting question: when might a marriage contract be void (i.e., not enforceable) for uncertainty? What happened? The parties, who were both Muslim, met online. In 2013, the wife travelled from Canada to Iran to marry the husband. The parties signed a marriage certificate in …
Read MoreThe Ontario Court of Appeal has upheld a cohabitation agreement that a woman signed decades ago without obtaining independent legal advice, finding no reason to overturn the agreement. What Happened? The parties in question began to live together in 1997. The husband had previously had an acrimonious separation and wanted to avoid a similar situation …
Read MoreThere are many issues to consider when deciding whether to marry or move in with a partner. One of them is whether or not you want or need a domestic contract. The following are some thoughts on these kinds of contracts to assist you in your decision. Many people are afraid of marriage contracts or …
Read MoreA domestic contract, such as a marriage contract, is simply a way for parties to get what they want rather than what the law might dictate. Free choice and self direction are good things, in my opinion. But the person who proposes such a contract is criticized for wishing the end of the relationship before …
Read MoreJune is upon us. I understand from Modern Bride magazine that June is the most popular month for weddings. Unfortunately, it is not the most popular month for marriage contracts. But why? These two should go hand in hand but most couples still marry without a marriage contract. WHY? I find it is because people …
Read MoreIn Ontario, common law couples do not automatically have property rights in the way that married couples do. Rather, when you are common law, ownership is strictly by title. In simplest terms, this means that each party leaves the relationship with whatever is in his or her name, and assets are not subject to division …
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