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.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
