Written agreements
If you and your spouse want to share your property differently, you can make a marriage contract. This is also called a domestic contract.
In the agreement, you can say how you want to:
- arrange your finances during your relationship, and
- deal with your property and debts if you separate.
If you and your spouse have already separated but agree on how to divide property, you can make a separation agreement.
You do not need a lawyer to make an agreement. But it’s a good idea to get legal advice before signing one. You and your spouse cannot get advice from the same lawyer.
If you cannot agree on how to divide property, you can get help from a family law professional. They are trained to work with both of you to help you reach an agreement. Or they can decide for you if you cannot agree. Or, one of you must start a family law court case and ask a judge to decide.
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