Domestic Contracts

Domestic contracts, which include marriage contracts (more commonly known as “prenups'' thanks to certain popular songs and pop culture, although that is not the terminology used in our jurisdiction) and cohabitation agreements are formal legal agreements between married and unmarried couples. These domestic contracts can regulate the rights and obligations of each partner during and after the relationship, taking precedence over statutory rights.

Whether you choose to draft a domestic contract before or during your marriage, it can provide clarity on your legal rights and obligations. However, it is important to note that some rights cannot be waived through a domestic contract (i.e. opting out of child support) and not all wishes can be put into writing and enforced (regulating how often your mother-in-law is to call your spouse per day etc.). The process of drafting a domestic contract can also be a valuable learning experience for both partners and help the parties learn more about the other’s expectations moving forward. 

Some couples may feel uneasy about the idea of signing a marriage contract, as it can seem like putting rules and regulations in place that govern their relationship and detract from its romance. However, it's important to remember that when you marry, there are laws  that will automatically govern your relationship based the jurisdiction you are in, regardless of whether you like it or not. By drafting a marriage contract or cohabitation agreement, you and your partner have the opportunity to choose which laws you want to follow and which ones you would rather not. This gives you greater control and autonomy over your relationship, and can help set clear expectations and boundaries from the start.

I also recommend periodically revisiting your domestic contracts to make sure it reflects your evolving family needs, wishes, and financial outlook. If you have not reviewed your agreements in a while, or if your financial situation has changed, it may be time to speak with a family lawyer to get tailored legal advice.

If you have any concerns about your legal obligations in your relationship, do not hesitate to consult with a family lawyer for personalized advice. Get peace of mind by making informed decisions about your partnership and future.