Family law related FAQs - General

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Q300. What is a domestic contract?

 
A300. A domestic contract is a written agreement between you and your spouse/former spouse that sets out the rights and obligations of you and your spouse/former spouse. Under the Ontario Family Law Act, domestic contracts include marriage contracts, separation agreements, cohabitation agreements and family arbitration agreements. To be enforceable your domestic contract must be signed by both of you and witnessed.
 
You may want to get legal advice before you and your spouse/former spouse enter into a domestic contract with each other. -12/2011
 
 
Q301. Must pension assets be divided on the breakdown of a spousal relationship?
 
A301. No. The division of pension assets on the breakdown of a spousal relationship is not mandatory under the Pension Benefits Act. -03/2015
 
 
Q302. Must pension assets be included in family property for purposes of equalization of net family property under the Ontario Family Law Act?
 
A302. Under the Ontario Family Law Act (FLA), the value of married spouses’ pension assets must be included in family property for purposes of the calculation and division of net family property. However, there is no requirement under the FLA for common-law spouses to divide net family property (including the value of any pension assets) on breakdown of their spousal relationship. -03/2015
 
 
 
 
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