Establishing time limits on spousal support waivers can act as a positive force to reduce the possibility of Cohabitation Agreements challenges.
Case Facts
Recently, the Ontario Court of Appeal upheld a cohabitation agreement which barred both the parties from making spousal support claims. The cohabitation agreement was signed in 1997 when the parties were living together.
At the time of litigation, the couples were married with two children. In Court, the contract was sought to be nullified by the wife on the premise that it did not seek to meet the Divorce Act objectives.
Decision and its Legal Implications
Ontario’s highest court sided with the trial judge in declaring that the cohabitation agreement complied with the Divorce Act. It should be noted that the agreement did not have any time limits on spousal support waivers.
Established Family Law Lawyers agreed with the decision stating that the right to support should be a waiver for a specific time period and the fact that relationships can change in the future should be acknowledged in agreements.
Marriage and cohabitation agreements are more often used by persons with multiple marriages. In the case, the husband wanted to avoid his first messy separation and entered into the cohabitation agreement. The wife did not take independent legal advice before entering into the agreement.
It is recommended that a skilled and experienced Family Law Lawyer be consulted before you enter into any contract or agreement. A lawyer can support you in understanding all your options and the legal implications of any decision or agreement.
How We Can Help
At Nanda & Associate Lawyers, our excellent divorce lawyers take the time to understand your specific circumstances and provide tailored and customized solutions. Many legal complexities exist in navigating joint divorces, and an experienced divorce lawyer can help you to navigate better.
Our Mississauga Family Law Lawyers are available for a no-obligation free consultation. Come and experience our quality legal counsel and personalized care we provide to each of our clients. We ensure prompt communication and a caring approach to get the best outcomes for you and your family.
