As part of my family law service, I draft and review family law agreements, including: cohabitation agreements, marriage agreements and separation agreements.
Many people believe that they can draft their own family law agreements without hiring a lawyer. While theoretically possible, I discourage this method. First, the courts are more likely to uphold a family law agreement, if each party obtained legal advice before signing. Second, a lawyer should know how to draft a family law agreement to reduce the chances that it is overturned. Third, a lawyer can protect your interests by: (1) identifying the blind spots of your family law agreement; (2) explain to you how the courts are most likely to interpret your family law agreement; and (3), while remaining reasonable to the opposing side, draft your family law agreement to your best advantage. (To put it bluntly: When you consider the average person's savings over the course of a relationship, as well as the increase in his or her earning power, a family law agreement is not something you should try to save money on.)
Marriage in today's world is no longer a fail-safe investment. In striving for enduring relationships, we must learn to trust and have faith in our spouses. Nevertheless, in the absence of absolute certainty, prudence is the best available option, and a reasonable man or woman would be wise to take steps to protect him- or herself. As such, if you ever need help in drafting or reviewing your family law agreement, you may contact me.
- Cohabitation Agreements: If the parties are living together (or planning to live together), they may consider a cohabitation agreement. (Under the new Family Law Act, a person who has lived with another person in a marriage-like relationship for a continuous period of at least two years is considered a spouse.)
- Marriage Agreements: Also known as prenuptial agreements. If the parties are planning to get married or are already married, they may consider a marriage agreement.
- Separation Agreements: If the parties are separated, they may consider a separation agreement to protect their interests and clarify their arrangement.
Many people believe that they can draft their own family law agreements without hiring a lawyer. While theoretically possible, I discourage this method. First, the courts are more likely to uphold a family law agreement, if each party obtained legal advice before signing. Second, a lawyer should know how to draft a family law agreement to reduce the chances that it is overturned. Third, a lawyer can protect your interests by: (1) identifying the blind spots of your family law agreement; (2) explain to you how the courts are most likely to interpret your family law agreement; and (3), while remaining reasonable to the opposing side, draft your family law agreement to your best advantage. (To put it bluntly: When you consider the average person's savings over the course of a relationship, as well as the increase in his or her earning power, a family law agreement is not something you should try to save money on.)
Marriage in today's world is no longer a fail-safe investment. In striving for enduring relationships, we must learn to trust and have faith in our spouses. Nevertheless, in the absence of absolute certainty, prudence is the best available option, and a reasonable man or woman would be wise to take steps to protect him- or herself. As such, if you ever need help in drafting or reviewing your family law agreement, you may contact me.