Next February, I will celebrate 30 years of practicing law in Ontario. It’s a milestone that I am particularly proud of, and one I could not have achieved without the love, faith, encouragement and support of my family and my colleagues.

Having the right team by your side can make all the difference—in life and in family law. It’s a common misconception that all family law cases are negative ones. They’re not. Oftentimes family law is a planned process, such as a relationship heading into cohabitation or marriage. Changing the state of a relationship has important legal significance that is commonly overlooked. It’s easy to get swept up in the excitement of the transition and forgo the legalities. That said, easy isn’t synonymous with best. If you’re changing your relationship status, working with a lawyer to ensure that both parties have the same expectations is key. We know it’s not romantic, but it is incredibly smart.

A domestic contract is an agreement made by a couple to organize their affairs to their mutual satisfaction. In layman’s terms: it gets you two on the same page. That said, domestic contracts have a bad rap. The belief being that if you need a contract, you’re anticipating failure. This isn’t true. What you are doing is being proactive, like putting your seatbelt on when you first get in the car. You aren’t planning to be in an accident; however you’re prepared in the event that you are. Similarly, when you enter into a long-term relationship, you’re not planning to break-up; however having a domestic contract in place ensures you’re prepared in the event that you do. Here are a few scenarios where a domestic contract can help:

Spousal support

Married or cohabitating, spousal support is something you should talk about together and reach clarity on. Ask questions like: If this relationship ends, what do I expect of my partner in terms of support? Does our relationship envision one of us sacrificing our career for another purpose? What is the plan and how should that be reflected in any obligation to support each other? Or, are we both completely independent and unexpectant of support from the other? These are hard questions. And extremely important ones.

Home ownership

A domestic contract makes financial contributions toward home ownership clear and also spells out what happens when the house is sold. If the title document doesn’t reflect financial contributions accurately, a domestic contract can. The agreement can also describe what happens if you get married, which can be a critical issue if there is a disparity in how much is put into the house prior to marriage, or even who owned it before cohabitation.

Bottom line: Honest conversations about the financial aspects of a relationship can be the building block to long-term success. Do not fear it, embrace it.

When the time comes to create a domestic contract, please consider our firm. These kinds of discussions can be uncomfortable at first; we’re really good at helping you and your partner find a positive middle ground.