Marriage contract protecting an inheritance or family trust
A marriage contract that keeps an expected inheritance or a family trust interest outside any future property division.
What is included
- Discusses your goals and the issues the agreement needs to cover
- Reviews both sides' financial disclosure
- Drafts the agreement, or reviews and negotiates the other side's draft
- Explains how the terms compare with what the law would usually provide
- Gives independent legal advice and witnesses your signature, with a certificate of independent legal advice
What is not included
- Court filing fees, process servers, valuations and other disbursements, unless the lawyer's retainer includes them
- Steps beyond the scope the lawyer confirms in writing, such as a trial or an appeal
- The charges of valuators, assessors, mediators or arbitrators
- Work by NEO Legal Services: NEO is a paralegal firm and only makes the referral
Who this service is for
- Couples who plan to marry or live together
- Spouses or partners who have separated and want to settle by agreement
- Anyone asked to sign a family agreement who needs independent advice
Information to have ready
- 1Any draft agreement
- 2Recent income documents, such as tax returns and notices of assessment
- 3Statements for property, debts, pensions and investments
- 4Key dates: marriage or moving in together, and separation
- 5The other party's lawyer's details, if they have one
How a referral works
- 1Tell us in a few words what the matter is about, and who else is involved, so we can check for a conflict of interest.
- 2We recommend an Ontario lawyer for your matter, and at least one other you could choose instead.
- 3The lawyer runs their own conflict check, confirms the scope and quotes the fee, normally in a written retainer agreement.
- 4You pay the lawyer's fee to the lawyer. Any referral fee comes out of it, is disclosed to you in writing, and never increases what you pay.
NEO Legal Services Professional Corporation is a licensed paralegal firm, not a law firm. Every step of a referral, and your rights
Frequently asked questions
What does the lawyer charge?
A typical Ontario fee for this service is $2,500–$6,500, plus HST. The lawyer quotes the actual fee before any work starts. You pay the lawyer directly; the referral itself costs you nothing.
Why does each person need their own lawyer?
A lawyer can usually act for only one side of a family agreement. Separate independent advice helps make sure both people understand the terms and can make the agreement harder to challenge later.
Does a family agreement have to be in writing?
Generally, yes. Under Ontario's Family Law Act, a marriage contract, cohabitation agreement or separation agreement is unenforceable unless it is in writing, signed by both parties and witnessed.
Can an agreement be set aside later?
It can happen, for example where important financial information was not disclosed or a party did not understand the agreement. Full disclosure and independent advice reduce that risk.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the court decides any issue that is not agreed
- The lawyer decides whether they can act after checking for conflicts of interest
- Court dates and limitation periods keep running while you choose a lawyer
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