What Do Such Agreements Usually Include?

Cohabitation or marriage agreements usually include:

  • what kinds of financial contribution each partner will make to support the other;
  • what contributions each will make to their residential or other property;
  • what amount and kinds of contributions each partner will make in personal effort for the benefit of the other;
  • what insurance one partner may provide to protect the other;
  • what employee, pension or investment benefits one partner may provide to include coverage for the other spouse;
  • what provisions one partner shall make and keep in force for the benefit of the other partner by will, whether to provide money or specific assets;
  • what undertakings each party will make with respect to providing for children of the partners, or of either of them, over and above the requirements of the law;
  • which, or how much of such provisions will continue to be enforceable after any separation of the partners or divorce.

Any marriage or cohabitation agreement is subject to review and/or rescission or amendment by the court, particularly if:

  • the interests of children would otherwise be adversely affected;
  • a provision or provisions would be unfair or unduly harsh on the party seeking change;
  • the party seeking relief could be found to have acted undue pressure or influence;
  • the party seeking relief had insufficient disclosure of facts or lack of legal advice, which would have precluded such party entering into the agreement.

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