Wedding Season Legal Guide: Cohabitation, Prenups, and What Happens If You Separate
Legal planning may not feel romantic, but it’s one of the smartest steps you can take before marriage. Discussing your expectations for property, finances, and future responsibilities ensures both partners are on the same page.
When couples address these issues early, they can make decisions calmly and fairly — rather than during a stressful separation. Legal agreements like cohabitation agreements or prenups provide clarity, protect assets, and outline what will happen if the relationship ends. Planning now saves you emotional and financial stress down the road.
Why Legal Planning Matters before You Say “I Do”
Legal planning may not feel romantic, but it’s one of the smartest steps you can take before marriage. Discussing your expectations for property, finances, and future responsibilities ensures both partners are on the same page.
When couples address these issues early, they can make decisions calmly and fairly — rather than during a stressful separation. Legal agreements like cohabitation agreements or prenups provide clarity, protect assets, and outline what will happen if the relationship ends. Planning now saves you emotional and financial stress down the road.
Understanding Cohabitation Agreements
Cohabitation agreements are legal contracts for couples who live together but are not married. In Ontario, common-law partners do not automatically have the same property rights as married spouses, so this type of agreement is essential for protecting both individuals.
A cohabitation agreement can set out how property will be divided, who is responsible for shared expenses, and whether spousal support will be paid if the relationship ends.
By putting expectations in writing, couples avoid future uncertainty and reduce the likelihood of legal battles. It’s an excellent tool for building trust and ensuring both partners feel financially
The Role of Prenuptial Agreements (Marriage Contracts)
Prenuptial agreements — also called marriage contracts in Ontario — are legal documents signed before marriage that set out how certain issues will be handled if the relationship ends. These agreements are governed by Ontario’s Family Law Act and are designed to provide clarity and protection for both spouses.
A prenup can cover property division, spousal support, and financial responsibilities. It can protect assets you bring into the marriage, such as real estate, investments, or a business. However, it cannot address child custody or child support, as those decisions must always be based on the child’s best interests at the time of separation.
Examples of what to include in a prenup:
- How property or businesses will be divided if the marriage ends
- Whether one spouse will pay spousal support and for how long
- Protection of inheritances or gifts received during the marriage
- How shared debts will be handled
To ensure a prenup is enforceable, both parties should receive independent legal advice (ILA) and provide full financial disclosure before signing.
Common Clauses Couples Should Consider
Whether you are drafting a cohabitation agreement or a prenup, including clear clauses is key to avoiding conflict later.
Examples of common clauses to include:
- Property Ownership: Who owns the home, vehicles, and major assets
- Property Division: How assets will be divided if you separate
- Spousal Support: Whether it will be paid, how much, and for how long
- Debts and Liabilities: Responsibility for joint loans, credit cards, and mortgages
- Dispute Resolution: Agreement to use mediation or arbitration before going to court
By addressing these issues upfront, couples reduce the risk of drawn-out disputes and legal costs if the relationship ends.
What Happens If You Separate
Even with the best intentions, some relationships come to an end. In Ontario, separation can be as simple as living apart with the intention of ending the relationship — you don’t need to file paperwork to make it official. However, the legal and financial consequences of separation are significant.
If you have a cohabitation agreement or prenup, those documents will guide how property and support are handled. If no agreement exists, Ontario’s Family Law Act sets out the rules for property division and spousal support. Married couples typically go through the equalization of Net Family Property (NFP), where the growth of each spouse’s property during the marriage is compared and equalized.
Other considerations include:
- Spousal Support: One partner may have to pay support if there is a significant financial imbalance
- Parenting Arrangements: Decisions about custody and access must be based on the best interests of the child
Property Division: Assets such as homes, pensions, and investments may need to be valued and divided.
Taking early legal advice during separation helps you protect your rights and ensures all necessary steps — such as updating beneficiary designations and wills — are completed.
How a Family Lawyer or Mediator Can Help
Legal professionals play an important role in helping couples plan for marriage and navigate separation. A family lawyer can draft and review cohabitation agreements and prenups to make sure they comply with Ontario law and are enforceable. They can also represent you if a dispute arises later.
A family mediator can help couples communicate effectively and resolve issues in a cooperative setting. Mediation is often faster, more affordable, and less adversarial than going to court. Many couples find that mediation preserves relationships and reduces stress, especially when children are involved.
Benefits of working with a professional include:
- Ensuring legal agreements are valid and enforceable
- Avoiding common mistakes in drafting contracts
- Receiving guidance tailored to your unique situation
- Finding efficient, respectful solutions during separation
Taking action early with the help of a lawyer or mediator can save you significant time, money, and emotional strain in the long run.
