Family Law AgreementsThese agreements can be made at any time before, during, or after a relationship.

Family Law Agreements

Court is expensive. One alternative to paying the cost of litigation is to create a Family Law Agreement. These agreements can be made at any time before, during, or after a relationship.


Before entering into a relationship it is a good idea to talk to a lawyer, even if you don’t make a family law agreement. A lot of people enter into marriages and common law relationships without understanding the very real consequences if they were to separate. Even if you think it is unlikely making a Family Law agreement before you become spouses can make your life much easier if you were to ever separate.

Family Law Agreements made before or during the relationship are typically referred to as:

  1. Prenups
  2. Prenuptial agreements
  3. Cohabitation agreements; and or
  4. Marriage Agreements.

Family Law Agreements made after the relationship ends are typically referred to as Separation Agreements.

Frequently Asked Questions

Do Family Law Agreements work?

Generally yes. The court will typically uphold Family Law Agreements, but the court can set aside any such agreement if:

    1. a spouse failed to disclose significant property, debts or other information relevant to the negotiation of the agreement.
    2. a spouse took improper advantage of the other spouse’s vulnerability, including the other spouse’s ignorance, need or distress.
    3. a spouse did not understand the nature or consequences of the agreement.
    4. the contract is voidable under Common Law
    5. the agreement is significantly unfair on considering the length of the marriage, the intention of the spouses, and the degree on which the spouses relied on the terms of the agreement.

While getting advice from a lawyer will not guarantee the Family Law Agreement will hold up it does dramatically increase the probability it will.

What happens if my partner refuses to sign?

Nothing. You cannot force anyone to enter into an agreement. That is why it is advisable to enter into agreements before becoming spouses.

Do I need a lawyer?

No, but it is generally a good idea. Knowing what is a good deal requires an understanding of what would happen without the family law agreement.

Does my spouse need to see a lawyer?

No, but it is generally a good idea. If your spouse gets independent legal advice the Family Law Agreement is more secure for you.

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