For Better or for Worse: The Canadian Guide to Marriage Contracts and Cohabitation Agreements

Leslie H. Morley is a practising lawyer with a particular interest in
immigration and family law.

The author, a practising lawyer, argues that the best way to
resolve—or prevent—family disputes is to plan ahead. The planning
should begin with self-assessment and realistic expectations. If one is
open and honest with one’s spouse before cohabitation and marriage,
there will be fewer surprises to argue about later. The process of
committing the discussions into writing clarifies them, and the
result—a marriage or cohabitation contract—may prevent a costly and
painful court battle later.

Cochrane sees the negotiation of marriage or cohabitation agreements as
being “a very modern, private, convenient, and perfectly legal way of
adding a little structure to a marriage or a common law relationship.”
He explains what these agreements can do, what terms they should
contain, and how to complete them affordably. Some sample agreements are
included in the appendix.

Always involve a lawyer in developing the agreement, Cochrane cautions.
He then explains just what the role of the lawyer should be in
developing a domestic contract. Such terms as “retainer” and
“independent legal advice” are defined, and there are useful
sections on hiring and firing counsel. A lawyer’s interview checklist
helps to define the client’s needs and expectations.

Taking a preventative approach to legal problems is sensible, as is
Cochrane’s point that we should be as deliberate and thoughtful in our
domestic relationships as we are in our business relationships.