How Domestic Contracts Can Protect You

Domestic contracts are a practical way for couples in New Brunswick to put their expectations in writing and reduce conflict if the relationship changes in the future. When these agreements are thoughtfully drafted with legal advice, they can provide clarity, protect both partners, and make separation or major life changes less stressful.​

 

What is a domestic contract?

 

In New Brunswick, a “domestic contract” is a written agreement between people in a family relationship that sets out their rights and responsibilities during the relationship and if it ends. These agreements are legally binding, which means both partners are expected to follow the promises they make.​

 

Domestic contracts include:

• Marriage contracts (often called “prenups” or “postnups”)
• Cohabitation agreements
• Separation agreements​

Each type serves a different purpose, but they all revolve around planning for property, support, and parenting in a clear, written way.​

 

Marriage contracts (prenups and postnups)

 

A marriage contract is an agreement spouses can sign before they marry (a “prenup”) or during the marriage while living together (sometimes called a “postnup”). It sets out their rights and obligations during the marriage and what will happen if they separate, divorce, or one spouse dies.​

 

A marriage contract can address:

• Ownership and division of property and pensions
• Spousal support obligations
• Certain important lifestyle matters, such as education or religion of children (but not custody or access)​

A marriage contract cannot legally decide future custody or parenting time arrangements, because courts must always focus on the child’s best interests at the time of separation.​

 

Cohabitation agreements for unmarried partners

 

A cohabitation agreement is similar to a marriage contract but is designed for couples who live together and are not married. It outlines each person’s rights and obligations while they are living together and what happens to property, support, and other issues if the relationship ends or one partner dies.​

 

Common topics in a cohabitation agreement include:

• Who owns what property and how it will be divided
• Support obligations if you separate
• How to handle pensions, investments, or major assets acquired together​

If a couple later marries, their cohabitation agreement is treated as a marriage contract, so the planning they did before marriage usually continues to apply.​

 

Separation agreements when a relationship ends

 

A separation agreement is used when spouses or common-law partners decide to separate and want to set out their arrangements in a clear, written contract. You can sign a separation agreement after you start living apart or even while still under the same roof, as long as you have decided to separate.​

 

A separation agreement may cover:

• Parenting arrangements (custody and access)
• Child support and spousal support
• Ownership and division of property and debts
• Other issues related to ending your shared financial and family life​

These agreements can significantly reduce the need for court involvement and help families move forward with more certainty and less conflict.​

 

Can a domestic contract be changed or set aside?

 

Partners can change a domestic contract by preparing and signing a new agreement that replaces or updates the old one. However, not every clause is “final”: courts can override terms about child support, custody, and access if needed to protect the best interests of the child.​

 

Under the Marital Property Act, a judge can also ignore parts of a domestic contract that create an unfair (inequitable) situation, such as where one spouse signed without independent legal advice. Contracts that include terms that violate the law or public policy may not be enforced at all.​

 

What makes a domestic contract valid?

 

To be valid in New Brunswick, a domestic contract must:

• Be in writing
• Be signed by both partners
• Be witnessed​

Each person should have their own lawyer review the agreement (independent legal advice), which helps ensure both parties understand their rights and reduces the risk of a court later setting parts of it aside. Mediation or collaborative law can also help couples negotiate fair terms before the contract is drafted.​

 

A domestic contract is not just a form—it is a key document that can shape your financial and family future, so careful drafting matters. Trio’s team combines local New Brunswick experience with a thoughtful, client‑centred approach, so you feel supported and informed at every step. Whether you are planning a marriage contract or cohabitation agreement, or navigating a separation, working with Trio helps ensure your domestic contract is clear, fair, and more likely to stand up over time.