Domestic Contracts

Angela Grant Lee • June 28, 2023

There are 4 main agreements that will be discussed in this blog post...

There are various contracts/agreements within family law that parties can create with each other before and after being in a relationship with one another. There are 4 main agreements that will be discussed in this blog post. These are the following:

1. Marriage contract/prenuptial agreement

2. Cohabitation agreement

3. Separation agreement

4. Parenting agreement

Marriage Agreement/Prenuptial Agreement

A marriage agreement or prenuptial agreement as it is sometimes called, is a domestic contract that is governed by Ontario’s Family Law Act. Parties may decide to create and sign a marriage agreement depending on their financial circumstances, and property arrangements. If a contract is not created, then at the time of separation, Ontario laws regarding property and support will come into play and parties may have to negotiate other arrangements if they do not wish for their issues to be resolved in this manner. When preparing a marriage contract, both parties will need to exchange financial disclosure. This includes information on income, assets,

and liabilities, and will require disclosure as evidence. Under certain circumstances, the court may rule that the contract can be set aside. If a party fails to disclose significant assets or liabilities at the time the contract was formed, then the contract may be deemed as unenforceable. It is also important to note that there are certain areas that may not be enforceable, such as child support. If terms of the agreement become unconscionable, this may also allow for a court to set aside the provisions. An example of this may be a provision that removes spousal support. If the parties agree that spousal support shall not be provided by one party to the other, the court may determine that this is unconscionable based on the circumstances of the parties at the time.

If parties agree that a marriage contract is a step that they would like to take, it is important to note that each party will need to get independent legal advice on the contract. Although one party’s lawyer may prepare the contract, it is necessary for the other party to get advice from their own lawyer. A lawyer can help clarify the rights each party has in the marriage, and can ensure that the party understood what they were signing at the time.

Cohabitation Agreement

A cohabitation agreement is similar to a marriage agreement, except it is for individuals in a common-law relationship or who are unmarried and plan to reside with one another. To be a common law partner, the parties must have been living continuously together in a conjugal relationship for at least 3 years, or have a child together. Much like a marriage agreement, a cohabitation agreement allows for the parties to determine the rights they will have at the end of their relationship. This agreement can set out property matters and support obligations at the end of the relationship. Similar to a marriage agreement, the cohabitation agreement cannot set out

the rights of parenting time and decision-making responsibility regarding children.

Common-law relationships are not bound by the Family Law Rules, and common law couples have no protective statutory provisions. The only argument that a party may have is to rely on equable remedies and prove that the other party has been unjustly enriched. However, having a cohabitation agreement allows for the parties to protect themselves and provides them with the freedom to decide their rights if the relationship comes to an end.

Separation Agreement

A separation agreement is an agreement made by parties who are separating which dictates how the parties will resolve their issues when separated. Separation agreements may be made by parties who are in a common-law relationship or married. Separation agreements may be made at any time after the parties separate, however there are time limitations when dealing with certain aspects of the relationship such as division of property. Separation agreements are used as a faster and cheaper way to resolve issues as opposed to going to trial. It also allows for the parties to decide how to resolve their own affairs as opposed to a judge determining their affairs. The parties may make decisions on division of property, support obligations, parenting time and decision-making responsibility of the children, and any other matters they deem necessary.

Much like the marriage contract, it is important that parties obtain independent legal advice to ensure that their rights and obligations are being protected and followed. Separation agreements may be set aside if deemed unconscionable, and therefore it is important to ensure that parties are aware of what they are signing and speak to a lawyer beforehand.

Parenting Agreement

A parenting agreement is a document that identifies how parents will raise their children after they are separated or divorced. There are different types of decision-making responsibility options such as sole decision-making responsibility, joint decision-making responsibility, or split decision-making responsibility. Decision-making responsibility refers to the parent making fundamental decisions regarding the upbringing and health of a child, and the right to make all final decisions. Parents will also have to determine the parenting time arrangement which is the right to spend time with the child for a certain period. During this time the parent is responsible

for the child, the parent also has the right to make inquiries and be granted information on the health, education, and well-being of the child. The decision-making responsibility and parenting time are based on the best interests of the child, which is a legal test that must be utilized.

Signing any contract can have serious implications, and it is important to seek professional advice when required. To note, the above should not be taken as legal advice, and if you have any questions or concerns about your case please speak to a lawyer. To find out how we can help you with your matter, please visit our website at https://www.grantleelaw.ca/ or call us at 905-315-6837 to book your consultation now.

Property Division: What You Need to Know

January 31, 2026
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Gift Giving While Co-Parenting

December 15, 2025
The holiday season often brings a whirlwind of excitement, family gatherings, and cherished traditions. For co-parents, it can also introduce a unique set of challenges. One of the most common sources of stress is gift-giving. Coordinating with your former spouse about Christmas gifts for your children is not just a good idea—it's a crucial step toward creating a peaceful and joyful holiday experience for everyone involved. This guide will walk you through the key benefits of discussing gifts with your co-parent. You will learn how this simple act of communication can help avoid common pitfalls, set a positive example for your children, and reduce holiday stress. By working together, you can ensure the focus remains on what truly matters: your child's happiness. Why Communication is the Greatest Gift While you are no longer a couple, you remain a parenting team. Approaching the holidays with a collaborative mindset demonstrates respect and unity, which benefits your child immensely. A short conversation about presents can prevent misunderstandings and ensure the holidays are memorable for all the right reasons. Let's explore the practical advantages of this approach. Avoid the Duplication Trap Imagine the look on your child's face when they unwrap the exact same video game or doll at both houses. While it may seem like a minor issue, duplicate gifts can create confusion and subtly send the message that their parents are not communicating. It also means your money and effort could have been better spent on providing a wider variety of presents. By simply sharing your gift ideas, you can avoid this scenario. A quick text, email, or phone call to check in before you start shopping ensures your child receives a diverse range of items they will love. This doesn't mean you need to plan every single gift together, but coordinating on the "big ticket" items can make a significant difference. A shared digital wishlist or a simple running list can be an effective tool to keep track of what has been purchased. The Importance of Setting a Spending Limit Finances are often a sensitive topic, and this can be amplified during the holidays. When one parent significantly outspends the other, it can lead to feelings of inadequacy, competition, or resentment. This financial pressure is unhealthy for the co-parenting relationship and can inadvertently make the child feel caught in the middle. Agreeing on a reasonable spending limit helps level the playing field. It ensures that neither parent feels pressured to overspend to "keep up." This conversation isn't about rigid accounting but about creating a sense of fairness and shared responsibility. It also teaches your child a valuable lesson: the spirit of giving is not measured by price tags. When children see their parents aligned on financial matters, it reinforces stability and shows them that thoughtful giving is more important than extravagant spending. Promote a United Front of Teamwork Children thrive on consistency and security. Seeing their parents work together as a team, even after a separation, is a powerful and reassuring message. Collaborating on holiday gifts shows your child that their well-being is your top priority. It models effective communication and problem-solving, skills that will serve them well throughout their lives. This teamwork extends beyond just avoiding duplicate gifts. You might decide to pool your resources for one larger, more significant present that neither of you could manage alone. This act of partnership can be incredibly meaningful for a child, reinforcing the idea that they are loved and supported by a united front. Remember, your child’s emotional security is deeply connected to the health of your co-parenting relationship. A collaborative approach to the holidays strengthens that foundation. Reduce Holiday Stress for Everyone The holiday season is already packed with to-do lists, events, and expectations. Adding conflict with your co-parent to the mix only creates unnecessary stress for you and your child. Proactive communication about gifts eliminates last-minute surprises, arguments over spending, and the tension that comes from uncertainty. When you have a plan, you can relax and enjoy the season. You won't have to worry if your gift will be overshadowed or if a misunderstanding will lead to an argument on Christmas morning. This peace of mind is invaluable. By addressing potential issues ahead of time, you free up emotional energy to focus on creating positive memories with your child. A stress-free parent contributes to a stress-free holiday atmosphere, which is the best gift you can give your family. When Communication Breaks Down Ideally, every co-parenting conversation would be smooth and productive. However, reality can be more complicated. If discussing holiday arrangements, gifts, or other co-parenting matters consistently leads to conflict, it may be time to seek professional guidance. Disagreements over finances, parenting time during the holidays, or general communication can become overwhelming. If you find yourself unable to reach an agreement, help is available. Angela at Grant Lee Law specializes in family law and is experienced in helping parents navigate the complexities of co-parenting. She can provide mediation services or legal advice to help you find common ground and establish clear, effective strategies for handling the holidays and beyond. Reaching out for support is a sign of strength and a commitment to your child's well-being.  Create a Harmonious Holiday Season Coordinating Christmas gifts with your former spouse is a small effort that yields significant rewards. It helps you avoid duplicates, manage finances fairly, present a united front, and reduce overall holiday stress. By prioritizing open communication and collaboration, you set a powerful example for your child about respect, teamwork, and the true spirit of the season. Your goal is to create a loving and stable environment for your child, and that doesn't stop during the holidays. A little planning goes a long way in ensuring the season is filled with joy, not tension. Remember to approach the conversation with a positive and practical mindset, always keeping your child's happiness as the central focus.

How to Prepare for Divorce and Custody Mediation

November 30, 2025
Mediation can be a constructive path forward when navigating a divorce or custody case. It offers a private, less adversarial setting to resolve disputes compared to a traditional court battle. However, walking into mediation unprepared can lead to frustration, stalled progress, and an unfavorable outcome. Treating it as a formal and significant step in your legal journey is the key to success.  This guide will walk you through how to prepare effectively for your mediation session. We will cover the essential documents you need, how to define your goals, and the mindset required for a productive conversation. Why Preparation is Your Greatest Asset Many people mistakenly believe they can simply show up and talk things through. This approach rarely works. Mediation is a structured negotiation, and the person who is better prepared often has a distinct advantage. Being prepared accomplishes several things: ● It builds confidence: Knowing your facts, figures, and priorities reduces anxiety and helps you communicate clearly. ● It saves time and money: When both parties are organized, the mediator can focus on finding solutions instead of spending billable hours sorting through disorganized information. ● It demonstrates seriousness: A well-prepared party shows the mediator and the opposing side that they are invested in reaching a fair agreement. ● It protects your interests: Preparation ensures you don’t forget a crucial asset, overlook a potential debt, or agree to a parenting plan that isn’t feasible. Step 1: Gather Your Essential Documents Your arguments and proposals must be backed by evidence. Start collecting and organizing your financial and personal documents well before the mediation date. Having these papers on hand allows you to answer questions accurately and support your position with facts, not just feelings. Financial Documentation Create a comprehensive file of your financial life. This should include: ● Proof of Income: Recent pay stubs, W-2s, or 1099s for the last two to three years. If you are self-employed, gather your business profit and loss statements. ● Tax Returns: At least three years of personal and business tax returns. ● Bank Statements: Statements for all checking and savings accounts for the past year. ● Retirement and Investment Accounts: Recent statements for 401(k)s, IRAs, pensions, and brokerage accounts. ● Property Information: Deeds, mortgage statements, and property tax bills for any real estate. Include recent appraisals if available. ● Debt Statements: Documents for credit cards, car loans, student loans, and any other personal or joint debts. ● Major Asset Valuations: Appraisals or estimates for valuable items like art, jewelry, or collectibles. Custody-Related Documentation If child custody is part of your mediation, gather information related to your children's lives. ● Children’s Schedules: School, extracurricular activities, and regular appointments. ● Child-Related Expenses: A detailed list of costs for childcare, health insurance, school tuition, sports, and other activities. ● Communication Records: Relevant emails or text messages that illustrate co-parenting successes or challenges. ● Proposed Parenting Plan: A written outline of your ideal custody schedule, including holidays and vacations. Step 2: Define Your Priorities and Goals You cannot get what you want if you do not know what it is. Before mediation, take time for honest self-reflection. What are your absolute must-haves, and where are you willing to be flexible? Create a "Best, Acceptable, and Worst" Case Scenario List Think about each major issue—asset division, alimony, child support, parenting time—and outline three potential outcomes: ● Best Case: Your ideal, most desired outcome. ● Acceptable Case: A compromise you can live with, even if it's not perfect. ● Worst Case: Your absolute bottom line, the point beyond which you would rather go to court. This exercise helps you identify your non-negotiables and areas where you can compromise. It transforms a vague sense of want into a concrete negotiation strategy. For example, staying in the marital home might be your "best case," but an "acceptable case" might be receiving a larger share of retirement assets to secure new housing. Step 3: Adopt the Right Mindset Your attitude is just as important as your paperwork. Mediation is not about winning or losing; it is about finding a mutually agreeable solution. Be Open to Compromise Both parties will need to give something up to reach a resolution. If you enter the room with a winner-take-all mentality, you are setting the stage for failure. Focus on finding common ground and creative solutions that address both your needs and the other party's needs. Manage Your Emotions Divorce and custody discussions are emotionally charged. While your feelings are valid, letting anger or resentment drive your decisions will sabotage the process. Practice staying calm and focus on the facts. If you feel overwhelmed, it is okay to ask the mediator for a short break to collect yourself. Listen Actively Pay attention to what the other party is saying. You might hear an underlying interest or a new idea that opens the door to a solution you hadn't considered. Listening does not mean you agree, but it shows respect and fosters a more cooperative atmosphere. Seek Professional Guidance Navigating mediation alone can be daunting. Having an experienced family law attorney on your side provides invaluable support. An attorney can help you understand your legal rights, prepare your financial disclosures, and develop a sound negotiation strategy. For those in our community, Janet Grant-Lee at Grant Lee Law is a trusted resource who specializes in helping clients prepare for and navigate the mediation process. An attorney can advise you on what constitutes a fair settlement and ensure the final agreement is legally sound and protects your future. Set Yourself Up for Success Mediation offers a powerful opportunity to shape your future on your own terms. By investing time in thorough preparation—gathering documents, clarifying your priorities, and adopting a cooperative mindset—you significantly increase your chances of reaching a durable and fair agreement. This preparation empowers you to negotiate from a position of strength and clarity, turning a challenging process into a constructive step toward your new beginning.