What are Family Law Agreements?
Family Law Agreements are contracts used to settle issues that come up or may come up when a relationship ends or to determine how a relationship will be managed.
What are the Different Types of Family Law Agreements?
A Family Law Agreement that is signed in anticipation of marriage is referred to as a Marriage Contract or Prenuptial Agreement.
A Family Law Agreement signed by a couple who is planning on, or is currently living together is called a Cohabitation Agreement.
A Family Law Agreement that is entered into when a common law relationship or marriage ends is known as a Separation Agreement.
What Types of Family Agreements Does M.J. O’Nions Lawyers & Mediators Create?
We have the expertise to draft:
- Marriage Contracts
- Prenuptial Agreements
- Cohabitation Agreements
- Separation Agreements
What is a Separation Agreement?
A Separation Agreement is an agreement that is entered into when a Common Law or Marriage relationship has ended. In other words, the Separation Agreement is a contract that describes how the legal issues arising out of the termination of a relationship have been resolved. A Separation Agreement spells out the rights and obligations of the parties towards one another. The intention of a Separation Agreement is to make an agreement that all parties are happy with and is legally binding.
A Separation Agreement can deal with issues relating to children, such as how parenting decisions are made, child support, guardianship, parenting time and contact with the child or children. It also can deal with spousal support, division of property and debt. A Separation Agreement spells out the rights and obligations of the parties towards one another. The intention of a Separation Agreement is to make an agreement that all parties are happy with and is legally binding.
A Separation Agreement can deal with issues relating to children such as how parenting decisions are made, child support, guardianship, parenting time and contact with the child or children. It also can deal with spousal support, division of property and debt. A Separation Agreement usually deals with all issues relating to the termination of the relationship between the parties, but in some circumstances issues can be left out of the Separation Agreement for a court to decide.
What is a Prenuptial Agreement or Marriage Contract?
A Prenuptial Agreement or Marriage Contract usually deals with what will happen when the marriage ends. It can also deal with how things are to be handled during the marriage. A Prenuptial Agreement is usually made prior to couples marrying. The main reason couples enter a Prenuptial Agreement is to give themselves a level of certainty on how property is to be dealt with if the marriage terminates. A Prenuptial Agreement can also deal with issues relating to spousal support “alimony.” Some couples may also include in a Prenuptial Agreement such things as how finances are to be dealt with during the marriage etc. Usually Prenuptial Agreements do not deal with issues relating to children such as guardianship, child support etc. as courts tend not to enforce such clauses in Prenuptial Agreements.
What is a Cohabitation Agreement?
A Cohabitation Agreement is similar to a Prenuptial Agreement except that it is entered into when a couple lives together or plans on living together.
What are the Advantages of having a Family Law Agreement?
- Family Law Agreements can save you money compared to litigating in court.
- Coming up with a Family Law Agreement can save you time as opposed to a lengthy court process.
- With a Family Law Agreement you participate in the determination of issues as opposed to having a judge impose a decision for you.
- People are more inclined to adhere to an agreement than from the decision of a judge.
- Family Law Agreements can be a flexible way of determining the resolution of issues or potential issues.
- Family Law Agreements can be tailored to your specific situation.
- Creating a Family Law Agreement is usually non-adversarial, which leads to a greater chance of preserving relationships.
What are the costs of drafting a Family Agreement?
The costs of drafting a Family Agreement is based on an hourly rate. By filling out the appropriate intake form for the type of agreement required such as a Marriage Contract, Prenuptial Agreement, Cohabitation Agreement or Separation Agreement you can save us time which translates into substantial savings for you. Our hourly rate is $295 per hour plus applicable taxes. We do not charge for such things as photocopying, faxing, secretarial services, and long distance telephone calls, which can save you hundreds of dollars more.
Why use M.J. O’Nions Lawyers & Mediators for writing my Family Agreement?
We have expertise in drafting Marriage Contracts, Prenuptial Agreements, Cohabitation Agreements and Separation Agreements. We will do this in a cost effective manner while providing high quality professional service. We understand your needs and what you are going through. We are here to help. Just give us a call at 604-449-7779 to schedule an appointment so we can be of assistance.
How do I Start the process of Having my Family Agreement Drafted?
For more information on Family Law Agreements, read our blogs on How to File for Separation in BC and Why a Prenuptial Agreement or Cohabitation Agreement is Essential under the Family Law Act.