Ontario Cohabitation Agreements (Part 2) – Challenging a Cohabitation Agreement…

Ontario Cohabitation Agreement

Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to drafting, negotiating, or resolving a dispute concerning a cohabitation agreement in Ontario, you should seek professional assistance (e.g. make a post on Dynamic Legal Forms).

Cohabitation Agreements

As a follow up to my other blog post about cohabitation agreements (an introduction), in this blog, I’ll be discussing how they can be challenged.

A Cohabitation Agreement can be challenged in various ways relating to the substance (i.e. terms and conditions) of the Agreement or the process in which it was entered into. For more general information about this topic, please refer to the DL Guide entitled “Is My Legal Form Valid and Enforceable?” (which comes with the purchase of the Legal Form + Video Guide below). That said, the Ontario Family Law Act outlines various ways in which these Agreements can be challenged by a party. Specifically, a party can make makes an application to a court to have a Cohabitation Agreement – in whole or in part – set aside on the basis that:

  1. if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;
  2. if a party did not understand the nature or consequences of the domestic contract; or
  3. otherwise in accordance with the law of contract.

Furthermore, with respect to support obligations, section 33(4) of the Family Law Act states that a court may set aside a provision for support or a waiver of the right to support in a Cohabitation Agreement and may set support:

  1. if the provision for support or the waiver of the right to support results in unconscionable circumstances;
  2. if the provision for support is in favour of or the waiver is by or on behalf of a dependant who qualifies for an allowance for support out of public money; or
  3. if there is default in the payment of support under the contract at the time the application is made.

Some factors which may become relevant when a party challenges a Cohabitation Agreements include:

  • the parties did not have enough time to review financial disclosure or negotiate the Cohabitation Agreement before it needed to be signed;
  • one of the parties was pressured or threatened into signing before the period of cohabitation began;
  • one of the parties referred the other party to a lawyer;
  • the final agreement did not reflect the negotiated agreement between the parties;
  • a party failed to make full and accurate financial disclosure; and
  • the Cohabitation Agreement contains unclear and complicated terms and conditions.

In case you’re looking for a cohabitation agreement that does not create any financial obligations or rights during or after cohabitation and which terminates upon marriage, then look no further:

Cohabitation Agreement (Ontario) – Terminates Upon Marriage

This Agreement can be used by parties who are cohabiting or who intend to cohabit and want to define their respective rights and obligations concerning support, property, the moral education of children, etc. THIS Agreement terminates upon marriage. If you are looking for a Cohabitation Agreement that does not terminate upon marriage but which essentially becomes a Marriage contract, then you can purchase one of these types of Cohabitation Agreements (Ontario) at Dynamic Legal Forms.

All of Dynamic Legal Forms‘ legal forms are lawyer-prepared, simple to read, easy to customize, and only a fraction of the price a lawyer would charge. Also, each legal form comes with a FREE VIDEO GUIDE (watch a useful example of how this legal form can be customized), a FREE DL GUIDE (read helpful information about this legal form), and another FREE DL GUIDE that sheds valuable insight into how legal forms can be challenged. What are you waiting for? Best of all, if you DO need a lawyer and need some legal advice, simply make a post and get FREE quotes from Ontario lawyers focusing on the area of law you require!

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