Difference between revisions of "Family Law Agreements"

It is almost always better to settle a dispute rather than have the courts resolve your problem for you. It is usually cheaper to settle a dispute rather than take it to court, and negotiated settlements usually give you the best possible chance of maintaining a halfway decent relationship with each other in the future. Family law agreements also give you an incredibly flexible way of resolving your dispute. Your agreement can be tailored to <span class="noglossary">suit</span> your particular circumstances and needs, and can be far more creative in resolving a problem than a court order ever could be.

Marriage agreements and cohabitation agreements usually talk about what will happen if the parties' relationship breaks down, although they can sometimes address how things will be handled during the relationship. These sorts of agreements are normally made well before the parties marry or begin to live together.

The sorts of terms people want to apply during their relationships are most often financial. That being said, family law agreements are incredibly flexible and can require the parties to do anything imaginable, from caring for the children during the work week, to having a certain number of holidays abroad each year, to always wearing purple shirts on Thursdays, to doing the household chores. Typically, however, people want to address issues like these:

*How will unexpected expenses be paid for?

*How will savings, RESP, and retirement funds be set up? Will each party be required to contribute a fixed monthly amount?

Some agreements do not deal with these issues, and some paint only a vague picture of the parties' respective financial responsibilities. Other agreements are mind-bogglingly detailed and cover even the tiniest details. In my view, unless someone is spectacularly anal retentive, the less said in a marriage agreement or cohabitation agreement, the better. You wouldn't want every aspect of your relationship governed by a legal contract ― that's exactly the sort of thing that encourages relationship breakdown.

The most common reason why people enter into a marriage agreement or a cohabitation agreement is to specify how property will be dealt with if the relationship comes to an end, although agreements like these can also deal with the payment or non-payment of spousal support. Typically, however, these sorts of agreements just try to preserve a party's interest in an asset after the relationship has ended.  

*How will the children be cared for?

*Should a party receive spousal support? If so, how much support should be paid and for how long?

Separation agreements are binding from the moment they are signed by both parties. They operate from the time they are made and, where children, child support, or spousal support are issues, they continue to operate indefinitely into the future. Theoretically, a separation agreement will be binding on the parties until they die. In practice, however, most people stop relying on the agreement once the children have grown up, left home and become independent, even though the agreement may continue to be legally binding on them.