Prenuptial & Cohabitation Agreements
Clarity now so there's no argument later.
A well-drafted prenuptial or cohabitation agreement can set out, in advance, how property and support will be handled if the relationship ends — protecting business interests, inheritances, and pre-relationship assets.
When to consider one
Prenuptial agreements are signed before marriage; cohabitation agreements are signed between unmarried spouses who live together in a marriage-like relationship. Both are most valuable when one party is bringing significant pre-relationship assets (a home, a business, an inheritance) or where the parties want certainty about whether spousal support will or will not be paid if they separate.
What makes one enforceable
Under the Family Law Act, agreements that are signed by both parties, witnessed, and based on full financial disclosure are generally respected by the court. Courts can set agreements aside where there was failure to disclose, improper advantage taken of a vulnerable party, lack of capacity, threats, or fundamental unfairness. Getting independent legal advice for each party before signing is what makes the agreement hold up later.