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The lawyers at Plat Simionati LLP are committed to advocacy and are trained extensively in negotiation, drafting domestic contracts, collaborative family law, mediation, arbitration and finally litigation when required. We are able to represent clients in all of these arears in order to obtain the best possible results for our clients.

Domestic Contracts

A domestic contract is either a marriage contract, separation agreement, cohabitation agreement, paternity agreement or family arbitration agreement and are governed under the Family Law Act, which is a provincial statute. Parties can enter into domestic contracts voluntarily and the most common ones are marriage contracts, cohabitation agreements and separation agreements.

Marriage contracts are entered into between two individuals who are married to each other or intend to marry each other. Parties can include clauses limiting equalization of their property upon a breakdown of the relationship as well as clauses to limit or govern the payment of spousal support. There are certain items which cannot be included in a marriage contract such as a provision limiting a spouse’s right with respect to possession of a matrimonial home as well as clauses with respect to decision making responsibility or parenting time for children and child support.

Cohabitation agreements are entered into between two individuals who are cohabiting or intent to cohabit with each other but are not married. Similar to marriage contracts, clauses in cohabitation agreements with respect to parenting time, decision making responsibility for children or child support are unenforceable.

Separation agreements are entered into by individuals upon a breakdown of the relationship for both married and unmarried parties. Separation agreements can include provisions for the division of property, trust claims, child and spousal support obligations to include payment or contribution towards special or extraordinary expenses, decision making responsibility or parenting time for children as well as any other matter to settle the breakdown of the relationship.

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