Negotiations and Agreeents
Why Have an Agreement?
"Marriage agreements", or "co-habitation agreements", are made prior to entering into a legal relationship. They are often referred to as "prenups". Many people view these agreements as templates for failure. On the contrary, the process of setting up an agreement often helps partners better understand the needs and goals of the other. Not only that, but should the marriage not work out you now have a set of terms created in good faith and judgment to move forward with, helping to avoid potentially costly conflict and litigation down the road.
Creating a marriage agreement or cohabitation agreement is much more efficient than trying to come to an agreement after separating, and it ends up being far more cost effective. You both get to decide the terms you set in your agreement and these will be the terms that will dictate your separation or divorce. If you have different cultural or religious norms, cohabitation agreements and marriage agreements even allow you to opt out of family law legislation so the legal parameters of separation can be customized to the unique needs and values that you and your spouse agree on.
Marriage agreements are highly advised is one or both spouses have significant property interests, or when they are bringing step-children into the relationship. In cases where one person or both people have particular assets or property or items of high sentimental value prior to the marriage or relationship, they may wish to protect such assets in an agreement. Others may see it as a means to avoid lengthy litigation and associated costs. Others still may have their own unique reasons for wanting to have an agreement.
Are agreements right for everyone?
Agreements only work well if both parties are on board. The best agreements require input from both partners and are created during a time when you can both make calm level headed decisions in good faith.
Whether you are recently married, married for a long time, in a common law partnership or soon to be married, if you are thinking about getting an agreement come and talk to us. Well help you get started and help you make informed choices to get the agreement that works best for you and your partner.