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Divorce & Family Law This forum is for discussing any of the legal issues involved in your divorce.

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Old 04-30-2009, 05:42 PM
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Default Cohabitation/Prenup Agreements

Does anyone know of any good websites where I can find templates for cohabitation or prenup agreements? Something that a couple can draft themselves and have notarized?
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Old 04-30-2009, 07:34 PM
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You can't just have it notarized. You each must have a different lawyer sign off on it for it to have any legal weight.

FN
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Old 04-30-2009, 07:51 PM
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Quote:
Originally Posted by FreeNow View Post
You can't just have it notarized. You each must have a different lawyer sign off on it for it to have any legal weight.

FN
A different lawyer, you say... how much does one charge for their autograph? Do you think it's possible to just go to Jane Harvey & Associates, for example, and have them sign it?
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Old 04-30-2009, 08:29 PM
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Quote:
Originally Posted by FreeNow View Post
You can't just have it notarized. You each must have a different lawyer sign off on it for it to have any legal weight.

FN
Not true! There is no legal requirement to obtain legal advice before an agreement is executed. You can write up your own agreement and have it notarized, and that's that.

Seeking independent legal advice is recommended because 1) both understand what they are signing, and 2) no one can later claim they didn't understand what they were signing. But the lack of legal advice, on its own, is not enough to overturn an agreement.

For prenups, start here:
http://www.prenup.ca/
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Old 04-30-2009, 09:55 PM
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Well, you saw it on the Internet so it must be true. Do these people guarantee their forms?

In court, all one party has to say is that they didn't understand what they were signing.
Notarizing a document just confirms the identity of who signed. One of the parties might not have even spoken English (or French).

Getting independent legal advice dosn't mean a lot of expense. You could use your Internet form. Then each party could go to a lawyer and get it signed off. It shouldn't take more than half an hour.

FN
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Old 04-30-2009, 11:10 PM
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You do realize that any clause agreed to by both parties but not legally recognized by our court system will be considered null and void.
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Old 05-01-2009, 06:01 AM
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So an agreement written using one of these do-it-yourself books available at Staples or Chapters is perfectly fine and 100% legal?
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Old 05-01-2009, 04:54 PM
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Quote:
Originally Posted by #1StepMom View Post
So an agreement written using one of these do-it-yourself books available at Staples or Chapters is perfectly fine and 100% legal?

Only if it is consistent with Ontario Law, and I would still have a lawyer review and notarize it. A lawyer may also want your soon to be spouse seek independent advice.
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