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Prenuptial, Cohabitation, and Interspousal Agreements

December 2, 2021
2 min read
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  1. Home
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  3. Prenuptial, Cohabitation, and Interspousal Agreements
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Author Patricia L. Miller
Content

In Saskatchewan, The Family Property Act (“FPA”) legislates the rights between common-law spouses and married couples. The FPA is specific to Saskatchewan. Each province has its own legislation regarding family property.

At times, a couple may decide that legislated rights and obligations are not a good fit for their specific relationship, either when building the relationship, during their relationship or upon conclusion of the relationship. Properly executed agreements can allow couples to contract out of the FPA provisions and allow them to determine how their assets and debts will be handled. These agreements can also include provisions related to spousal support, child support, custody (decision-making responsibility), parenting time (access), and any other matters the couple wishes to have concluded by agreement.

A Prenuptial Agreement or Cohabitation Agreement is prepared either prior to marriage or becoming common-law spouses. The terms of these agreements depend on the parties’ wishes and are tailored to the couple’s specific situation.

An Interspousal Agreement can be made while the parties’ relationship is intact or upon separation. This is true for both common-law spouses and married couples. These agreements tailor how issues between the parties will be dealt with upon conclusion of the relationship, whether by death, separation, or otherwise. An Interspousal Agreement finalizes the terms agreed upon or negotiated and sets out how parties will parent their children, support themselves and their children, and how their property and debts will be divided between them.

Lawyers at McDougall Gauley LLP are able to provide advice on and assist in all aspects of the preparation and execution of Prenuptial, Cohabitation, and Interspousal Agreements. If you need assistance, please feel free to contact any member of our McDougall Gauley LLP Family Law Team.

Authors
Patricia L. Miller profile image

Patricia L. Miller

Associate
Regina
306-565-5129
pmiller@mcdougallgauley.com

The views expressed herein are solely the author's and should not be attributed to the MG LLP or its clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Due to professional ethics, the author may not be able to comment on matters in which a client has an interest. Nothing herein should be used as a substitute for the advice of competent and informed counsel.

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