Checklist
One row per catalogued topic, for both instruments. An empty row is a package gap, not a claim that no law exists.
formalities
Part 5 agreements must be in writing and signed by both spouses. Independent legal advice and disclosure are central to whether a court later sets an agreement aside under s. 93.
acknowledgment
Part 5 agreements must be in writing and signed by both spouses. Independent legal advice and disclosure are central to whether a court later sets an agreement aside under s. 93.
property
Part 5 uses excluded property and family property, not Ontario net-family-property equalization. Agreements can address excluded property and reapportionment, within the Act.
permitted_subjects
A marriage contract typically addresses property, debts, and sometimes support between spouses. Public-order limits (Québec family patrimony; child support everywhere) still apply.
spousal_support
Spousal support agreements are assessed under the FLA and, where applicable, the Divorce Act. Do not treat a waiver as a result.
child_support
Child support is not an ordinary contractual exclusion. Flag any child-support language.
voluntariness
s. 93 addresses setting aside agreements, including failure to disclose, no independent legal advice, and significant unfairness. Hartshorne remains leading SCC authority on marriage agreements in a BC setting.
The Supreme Court of Canada reviewed a British Columbia marriage agreement and how fairness is assessed when spouses contracted about property.
financial_disclosure
Canadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.
independent_counsel
Canadian family agreements often stand or fall partly on whether each party could get advice. That is not a uniform statutory certificate across provinces, and Québec notarial counseling is a different professional model from common-law ILA letters.
timing
A first draft delivered immediately before a wedding is a voluntariness and understanding fact. Canada does not use a single U.S.-style statutory waiting period in these packs.
limitations
Do not analyze BC using Ontario FLA Part I or Québec family patrimony.
formalities
The same agreement machinery applies to unmarried spouses who meet s. 3. There is not a separate Ontario-style 'cohabitation agreement' statute name, but the instrument is still a family-law agreement under the FLA.
acknowledgment
The same agreement machinery applies to unmarried spouses who meet s. 3. There is not a separate Ontario-style 'cohabitation agreement' statute name, but the instrument is still a family-law agreement under the FLA.
property
s. 3 treats as spouses persons who are married or who have lived in a marriage-like relationship for a continuous period of at least two years, or who have lived in a marriage-like relationship and have a child together. Unmarried spouses can have Part 5 property claims. That is not Ontario and not Québec.
permitted_subjects
A cohabitation agreement typically addresses property and debts between unmarried partners. It cannot manufacture a statutory regime the province does not confer, and it cannot replace a will.
spousal_support
Spousal support agreements are assessed under the FLA and, where applicable, the Divorce Act. Do not treat a waiver as a result.
child_support
Child support is not an ordinary contractual exclusion. Flag any child-support language.
voluntariness
s. 93 addresses setting aside agreements, including failure to disclose, no independent legal advice, and significant unfairness. Hartshorne remains leading SCC authority on marriage agreements in a BC setting.
financial_disclosure
Canadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.
independent_counsel
Canadian family agreements often stand or fall partly on whether each party could get advice. That is not a uniform statutory certificate across provinces, and Québec notarial counseling is a different professional model from common-law ILA letters.
timing
A cohabitation agreement signed years into a relationship, or a 'prenup' signed while unmarried just before a wedding, raises classification and transition questions. Marriage usually moves the couple onto the marriage-contract / marital-property statute.
limitations
Do not analyze BC using Ontario FLA Part I or Québec family patrimony.