In Newfoundland and Labrador, a cohabitation agreement automatically converts into a legally binding marriage contract (prenup) when you get married, provided the original document contains a specific clause stating it is made in contemplation of marriage.
Moving in together is a major milestone, and many couples in Newfoundland and Labrador choose to sign a cohabitation agreement to protect their assets. However, as your relationship grows and you decide to tie the knot, you might wonder what happens to that legal document. Do you need to start from scratch and pay a lawyer all over again to draft a marriage contract?
Fortunately, family law in Newfoundland and Labrador is designed to be practical. Under the provincial Family Law Act, you generally do not need a brand-new contract if your original agreement was drafted correctly. Understanding how this automatic conversion works can save you significant time, stress, and money as you plan your wedding.
Step-by-Step Process in Newfoundland and Labrador
Whether you live in St. John’s, Mount Pearl, or Corner Brook, the process of transitioning your cohabitation agreement into a marriage contract follows specific legal standards. Here is how most applicants handle this transition.
Step 1: Review the “Contemplation of Marriage” Clause
The very first thing you should do is dig out your signed cohabitation agreement and read it carefully. 🔍 You are looking for a specific section usually titled “Contemplation of Marriage.” This clause states that if the two of you legally marry in the future, the cohabitation agreement will seamlessly become your marriage contract. If this clause is present, the conversion is generally automatic upon your wedding day.
Step 2: Assess Your Current Financial Reality
Even if you have the automatic conversion clause, you need to ask yourself if the agreement still makes sense. Have your financial circumstances changed drastically since you moved in together? Perhaps one of you started a lucrative business, you purchased a matrimonial home together, or you are now discussing having children and the possibility of spousal support. If life has changed, the old terms might no longer be fair or adequate.
Step 3: Consult with a Local Family Lawyer
It is always highly recommended to book a consultation with a local family law firm before the wedding. A lawyer can review the old document to ensure it complies with current Newfoundland and Labrador laws. They will confirm whether the automatic conversion clause is legally sound and whether the agreement protects you from future disputes over property division or spousal support.
Step 4: Draft an Amending Agreement if Necessary
If your original cohabitation agreement lacks the marriage clause, or if you simply need to update the financial terms, you do not necessarily have to rewrite the whole thing. Your lawyer can draft an “Amending Agreement.” This is a shorter document that adds the contemplation of marriage clause and updates any financial figures, which you and your partner will then sign with independent legal advice.
How Much Does it Cost in Newfoundland and Labrador?
The cost of dealing with a cohabitation agreement before marriage depends heavily on what needs to be changed. Converting it is usually much cheaper than drafting a new contract from scratch.
- Basic Lawyer Review: Having a lawyer read your existing agreement and confirm it will convert smoothly usually costs between $300 and $600 CAD.
- Drafting an Amendment: If you need to add a marriage clause or update a few financial details, expect to pay a law firm around $800 to $1,500 CAD.
- Drafting a New Marriage Contract: If the old agreement is completely outdated or invalid, drafting a fresh marriage contract will cost between $1,500 and $3,000+ CAD per person.
| Status of Original Agreement | Required Action Before Wedding | Estimated Cost (CAD) |
|---|---|---|
| Has Marriage Clause & Terms are Current | No action needed; converts automatically. | $0 (or small review fee) |
| Missing Marriage Clause | Must draft and sign an Amending Agreement. | $800 – $1,500 |
| Outdated Finances or Major Changes | Should draft a brand-new Marriage Contract. | $1,500 – $3,000+ |
How Long Does the Process Take?
If your document already has the correct clauses, the transition takes zero days-it happens the moment you say “I do.” 💍 However, if you need a lawyer to draft an amending agreement or a completely new marriage contract, you should start the process at least two to three months before your wedding date. Rushing a legal agreement right before a wedding can lead to claims that it was signed under pressure.
Frequently Asked Questions (FAQ)
What happens if we marry and our agreement has no marriage clause?
In Newfoundland and Labrador, if there is no clause stating the agreement survives marriage, it generally becomes invalid the moment you marry. You will then be subject to the standard property division rules under the Family Law Act.
Can we just write the marriage clause in ourselves?
No. Hand-writing a clause onto an already signed legal document can void the entire agreement. Any changes must be made through a formal written amendment, properly witnessed, and ideally with independent legal advice.
Does a cohabitation agreement cover parenting time?
No. In Canada, parents cannot legally pre-determine parenting time (formerly known as custody) or child support in a domestic contract. The courts will always make decisions based on the best interests of the child at the time of separation.
Do we both need lawyers for an amendment?
Yes. Just like the original agreement, any formal changes or amendments require both parties to receive independent legal advice to ensure neither person is being taken advantage of.
What if my partner refuses to update the old agreement?
If your partner refuses to sign an amendment, the old agreement will stand as it is. If it lacks a marriage clause, it will expire upon marriage. You should speak to a lawyer to understand exactly how this will impact your financial future.
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