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Should you and your partner have a written agreement about your property?

The short answer is, it is a good idea, whether you are married or not, and now is a great time to have these discussions with your partner, especially if you are both spending more time at home. These agreements, sometimes referred to as “Cohabitation Agreements” or “Prenuptial Agreements” are intended to set out how your property and debts would be divided in the unfortunate event that you separate, and allow you to create your own property outcome – one that may be very different from an outcome determined by a court. Agreements will also cover issues such as spousal support and how disputes are to be resolved. These agreements can also address issues such as parenting and child support to clarify your intentions for your children as a couple. However, parenting and child support provisions are generally not enforceable by a court because child support is legislated according to income, and parenting arrangements will always be subject to the best interests of the children.