Our Divorce Services

Domestic Contracts

Couple creating prenuptial agreement through mediation in Ontario

At Positive Solutions Divorce Services, we provide valuable assistance in drafting cohabitation and prenuptial agreements through our collaborative mediation process. As experienced mediators, we facilitate open and constructive discussions between couples, ensuring that both parties’ interests and concerns are thoroughly addressed in the agreement.

We guide couples through the crucial step of full financial disclosure, helping to create a comprehensive inventory of assets, debts, and financial expectations. Our team assists in exploring and negotiating fair terms that both parties feel comfortable with, often uncovering creative solutions that might not emerge in a more adversarial setting. 

Couple creating prenuptial agreement through mediation in Ontario

While we don’t offer legal advice, we help couples understand the typical components of these agreements and identify areas that may require special attention. Once the couple has reached a mutual understanding on the terms, we will draft the applicable document that the parties can then take to their respective lawyers for independent legal advice prior to signing. 

Our mediated approach often results in more personalized, mutually satisfactory agreements while potentially saving time and reducing costs compared to purely lawyer-driven negotiations.

Mediated cohabitation agreement – Positive Solutions Divorce Services®

A domestic contract is a written agreement between two people in a relationship—often created before marriage, during cohabitation, or after separation. Common examples include prenuptial agreements, cohabitation agreements, and postnuptial contracts.

At Positive Solutions Divorce Services®, we help couples create personalized domestic contracts through mediation, avoiding conflict and expensive legal fees. Whether you’re planning for the future, clarifying expectations, or protecting your assets, a mediated agreement gives you control, clarity, and peace of mind.

Once complete, your agreement can be reviewed by independent legal counsel and becomes legally enforceable under provincial family law in Ontario.

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Frequently Asked Questions

What Are Domestic Contracts and Why Do I Need One?

A domestic contract is a legal agreement developed between two individuals—spouses, common-law partners, or couples planning to cohabit—to manage their rights, responsibilities, and expectations during a relationship or after separation. Common types include cohabitation agreements, marriage contracts (prenups), separation agreements, and post-divorce contracts.

These agreements help address important matters such as property division, financial support, and decision-making, setting clear expectations and preventing misunderstandings. They offer stability and peace of mind, particularly for couples entering a long-term partnership, blending families, or protecting assets from a previous marriage. Domestic contracts are legally binding when properly drafted, signed, and executed following Ontario guidelines. Investing in one now can reduce costly legal disputes and emotional stress later, while giving both parties transparency around financial and familial arrangements.

Here’s a step-by-step summary of our domestic contract process:
  • Free Introductory Meeting: We’ll clarify the type of contract you want, answer initial questions, and explain how the process works.
  • Individual Intake Sessions: Each person meets privately with a mediator to gather personal goals, values, and relevant financial information.
  • Drafting Discussions: Parties and mediator work through key terms (asset protection, decision-making, support provisions, etc.), either in person or online.
  • Agreement Drafting: Mediators prepare a draft that reflects your discussions and intentions.
  • Review and Independent Legal Advice: Each person meets their lawyer to review the contract and ask questions.
  • Signing and Implementation: Once both parties sign, the contract becomes legally binding. We help with filing or registering it if necessary.
  • Follow-Up as Needed: Should circumstances change, you can revisit and revise the agreement.
This clear, collaborative pathway ensures your domestic contract aligns with both your needs and Ontario’s legal framework.

Domestic contracts are highly customizable. Commonly addressed topics include:

  • Property and financial asset division, including bank accounts, investments, and real estate
  • Debt allocation, including student loans or mortgages
  • Spousal support terms, such as fixed amounts, duration, or waivers
  • Decision-making authority around children (when applicable)
  • Inheritance or estate planning considerations, especially for stepfamilies
  • Roles and financial responsibilities during the relationship
  • Business ownership interests or professional practice protection

We work with you to design an agreement that reflects your specific goals and realities. Our mediators guide both partners through open, respectful discussions to reach outcomes that fit your unique circumstances—whether emphasizing protection, clarity, or flexibility.

To make sure your domestic contract holds up in court, our process deeply focuses on key legal elements:

  • Full and accurate financial disclosure from both parties
  • Voluntary participation, ensuring no one is coerced
  • Clear and understandable language, without hidden clauses or ambiguity
  • Independent legal advice for each party prior to signing
  • Proper execution, including witnessing and notarization as required
  • Timely documentation, ensuring the agreement is signed and dated correctly

By following this framework, we help you create a strong, legally valid agreement that stands the test of time—and avoids future challenges around interpretation or legitimacy.

Life is rarely static—and your domestic contract should adapt with you. Whether you get married, have children, or experience a change in income, we can help modify your agreement to suit evolving needs.

Here’s how we guide updates:

  • We begin with a brief review session to identify which parts of your contract need attention.
  • New discussions follow about updated goals and circumstances.
  • Draft revisions are prepared to reflect those changes, with clear acknowledgment of the original contract.
  • Legal reviews and re-signing ensure the updated contract remains valid.

This adaptable process empowers you to maintain clarity and fairness as life shifts—while preserving the legal integrity and intent of your original agreement.