Do You Need a Marriage Contract :

Congratulations! You've decided to get married. It's a wonderful time, but there's more to think about than just the perfect wedding and honeymoon.Marriage is more complicated than it used to be. People are marrying later in life and perhaps for the second or third time. Often they are bringing more assets and more liabilities into the relationship, blending children from previous relationships, and generally facing all kinds of new challenges. Marriage contracts, wills and Powers of Attorney are all valuable ways to set your expectations in advance.Do We Need a Marriage Contract? is written in clear, nontechnical language and includes real-life examples based on Canadian cases. Cochrane includes a sample marriage contract to address the critical issues you need to be aware of, including: Protection of assets brought into the marriage The special practical and financial concerns of blending children into new families Family pressure to have a marriage contract Business pressure to have a marriage contract How to have a discussion with your partner and not spoil the romance How marriage contracts work with your wills and Powers of Attorney How to work in a cost-effective way with a lawyer How to avoid the relationship mistakes that lead to divorceThis is your future together. Get it right from the very beginning. Take the advice of Michael Cochrane, a lawyer with more than 30 years of experience in family law, and carefully consider the numerous issues that can affect your relationship.

MICHAEL G. COCHRANE, LL.B., has been practicing law in Ontario for 30 years and is a partner with the firm Ricketts, Harris LLP. He is the author of a number of books including Surviving Your Divorce: A Guide to Canadian Family Law, Do We Need a Cohabitation Agreement?: Understanding How a Legal Contract Can Strengthen Your Life Together; Family Law in Ontario: A Practical Guide for Lawyers and Law Clerks; and Strictly Legal: Things You Absolutely Need to Know about Canadian Law. Mr. Cochrane has hosted Strictly Legal, a legal affairs show on BNN, and has appeared as a guest legal expert on many radio and TV programs. He writes a regular column for Zoomer magazine and speaks frequently on a variety of legal topics to average Canadians. Visit his website www.michaelcochrane.ca or www.rickettsharris.com.

Acknowledgements	p. ix
Caution about Legal Information	p. xi
Is this book for You?	p. 1
Divorce Nightmare: Don't Let This Happen to You	p. 2
Why Marriages Need Contracts	p. 4
Terminology	p. 6
Eyes Wide Open: Due Diligence and Relationship Building	p. 7
Why Due Diligence?	p. 7
Your Partner's Health	p. 8
Criminal Problems	p. 10
Financial Problems	p. 11
Relationship Building	p. 13
What Makes for a Mature Relationship?	p. 14
Have Realistic Expectations	p. 20
Develop Good Problem-Solving Skills	p. 24
Ten Elements of Good Problem Solving	p. 25
Your Rights and Responsibilities to Each Other If You Are Married but Do Not Have a Marriage Contract	p. 29
The Significance of the Date of the Marriage	p. 30
What about Having Children?	p. 31
What about Buying Property?	p. 35
What about Income and Expenses?	p. 37
What about Medical/Dental Health Benefits?	p. 38
What about Income Tax Returns?	p. 38
What about Wills and Powers of Attorney?	p. 38
The Legal Consequences of Marriage: Rights and Responsibilities If You Separate	p. 41
Whan Are You separate?	p. 42
Whan Happens If We Have Children and Separate? 45
Custody and Access	p. 45
Financial Support	p. 48
What Happens to Property Than We Owned Before We Were Married?	p. 52
What Is Property?	p. 52
Property Owned Before Marriage	p. 53
Property Acquired During the Marriage	p. 54
What If One of Us Needs Financial Support After Separation?	p. 61
What If We Move After Marriage?	p. 63
Are There Times Limits for Bringing a Claim?	p. 63
Legal Consequences of Marrying: Rights and Responsibilities If One of You Dies or IS Injured	p. 65
Joint Property	p. 66
Joint Accounts	p. 67
Having a Will and Not Having a Will	p. 68
Examples of Common Situations	p. 69
Powers of Attorney for Personal Care and Property	p. 70
Support	p. 70
Marriage Contracts: Creating Your Own Set of Rights and Obligations	p. 73
An Overview of a Marriage Contract	p. 73
Providing for Children	p. 75
Biological Children of the Couple	p. 75
A Specific Formula for Childcare When a Career Change Arrives	p. 77
Spousal Support, Releases, and Sunset Clauses	p. 77
Providing for Your Support	p. 78
Providing for Death, Injury, or Illness	p. 81
What About Your Property?	p. 85
Sunset Provisions and Termination Clauses	p. 91
Managing the Household Budgets and Other Matters	p. 91
Conditional Gifts from Third Parties	p. 93
Contracts Made Outside the Jurisdiction in which a Couple Resides	p. 94
Minors and the Mentally Incapable	p. 94
Breakup to Makeup: Reconcilation	p. 94
Enforcement of the Marriage Contract	p. 95
Dispute Resolution	p. 97
Having "The Conversation" The "Do's"	p. 101
Do Make a Plan and Have a Purpose	p. 102
Do Have an Answer to the Question, "Why Do We Need a Marriage Contract?"	p. 102
Do Give Yourself Enough Time	p. 103
Do Use It as Opportunity to Discuss the Need for Wills, Powers of Attorney, and Insurance	p. 104
Do Keep It Simple	p. 104
Do Be Fair and Respectful	p. 105
The "Don'ts"	p. 105
Don't Present Your Partner with a Draft Contract	p. 105
Don't Mention Lawyers	p. 106
Don't Rush the Discussion	p. 106
Don't Present a One-sided Option	p. 107
Don't Blame It on Other People	p. 107
How Do You Have "The Conversation" If You're Already Married	p. 108
The Role of Your Lawyer	p. 111
Why Do People Fear Hiring a Lawyer?	p. 111
Cost	p. 112
Control	p. 112
Why Do You Need a Lawyer?	p. 113
Why Do You Need a Lawyer with Family Law Experience?	p. 114
Choosing Your Lawyer and Managing the Relationship	p. 115
Buying Some Advice, but Not Independent Legal Advice	p. 117
Using a Mediator	p. 117
Signed, Sealed, and Delivered	p. 119
The Three "Must-Do's"	p. 119
The Contract Must Be in Writing	p. 119
Both Parties to the Contract Must Sing It	p. 120
The Signatures Must Be Witnessed	p. 121
Obtain Independent Legal Advice	p. 122
Doing It Yourself	p. 124
How to Ruin Your Marriage Contract	p. 124
Some Tips for Negotiating and Drafting Marriage Contracts	p. 134
Same-Sex Couples	p. 137
Getting Married Is the Easy Part	p. 137
Sperm Donation	p. 138
Same-Sex Families, Adoption, and Sperm Donors	p. 138
Transgendering	p. 139
Let's Look at a Marriage Contract	p. 141
Marriage Contract	p. 142
Separation Agreement with Former Spouse (If this Applies)	p. 145
Ownership and Division of Property	p. 145
Support	p. 155
Release of Spouse Support	p. 155
Certificate of Independent Legal Advice	p. 166
Appendices	p. 169
My Marriage Contract Worksheet-What I Own and What I Owe	p. 170
Marriage Contract Schedule A and Schedule B	p. 172
Some Considerations and Key Document Checklist	p. 174
Consent for Disclosure of Criminal History Information	p. 177
Permission to Conduct Credit Reference	p. 179
Index
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Do You Need a Marriage Contract : Understanding How a Legal Agreement Can Strengthen Your Life Together

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