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Agreements

Overview

Corcoran Law & Mediation Centre Can Help With Family Law Agreements in Calgary

An agreement in a family law context is effectively a written contract between parties containing terms outlining each party’s rights and obligations during the relationship and/or after its breakdown. This agreement is intended to be legally enforceable.

When we envision contracts, family law is not often the first context that comes to mind, but it is important for you to know that a family contract is an option available to you, either as a precautionary measure (Cohabitation Agreement), or dispute resolution (Separation Agreement). You may be under the impression that there are various types of agreements – pre-nuptial, post-nuptial, separation, cohabitation, divorce & property – but generally, they each fall under one of the two foregoing categories; either the parties are outlining their rights and obligations at the outset or during their marriage/cohabitation, or they are doing so upon the breakdown of their relationship.

Cohabitation Agreement

You may not want to contemplate disagreement and/or the end of your relationship at a time where you feel it has just started, however, engaging now in what we can all appreciate is an uncomfortable conversation, can protect you both from a considerable amount of time, stress and expense in the future.

Don’t think of it as a separation agreement, rather – insurance. We may not be happy with having to pay for something that may not happen, but we all begrudgingly do it because we understand that, should that unlikely event occur, we want to be protected. This agreement may be entered into during, or prior to a marriage / relationship of interdependence.

We consider a cohabitation agreement to be prudent planning. In an agreement, you and your partner will essentially be setting out one or more of the following:

  • how and what assets/debts will be divisible upon separation
  • financial support of children and/or either party upon separation
  • how conflict will be resolved throughout the relationship
  • possession and/or sale of family home
  • decision-making responsibility and parenting time arrangements of children

Hope for the best, but prepare for the worst – complete and submit the Client Questionnaire and meet with us to discuss your options.

Separation agreement

Should you find yourself facing the breakdown of your marriage/partnership without an agreement in place, a separation agreement is a cost-effective and legally enforceable alternative to court that is available to help both of you transition into your new lives. The law permits parties to enter into their own agreement with respect to the status, ownership and division of their property. The courts have significant regard for negotiated settlements as they reinforce the parties’ autonomy and freedom to structure their post-separation worlds.

This agreement is ideal if you and partner are generally able to get on the same page with respect to how important concerns such as, decision-making responsibility, parenting time, property division, and financial support, are to be handled post-separation. However, even if you and your partner find yourselves in disagreement on some issues, an agreement is still a viable option as lawyers or mediators can help iron out the kinks by providing unique solutions that you may not have contemplated.

Drafting

Drafting an agreement may seem overwhelming because you want to ensure that it is comprehensive and legally enforceable. Lawyers can be helpful in this regard by facilitating negotiations, providing legal advice, and drafting agreements, to ensure that your interests are protected.

An improperly drafted agreement can impose serious consequences on parties’ lives and may be rejected by the courts if, for instance, it is unfair or there was insufficient disclosure of assets and/or liabilities. At Corcoran Law, we have drafted countless separation and cohabitation agreements and accordingly, you can have faith in our ability to draft an agreement that is equitable and encompasses the parties’ goals and expectations.