Domestic Contracts Across Borders

There are many considerations that go into deciding to relocate to a new jurisdiction. What may not be so apparent, or unfortunately what may even be at the bottom of the to-do list, is ensuring any legal documentation is effective. It may come as a surprise to individuals moving to Ontario that a marriage contract or cohabitation agreement (referred to in this blog collectively as a "domestic contract") executed in their home jurisdiction no longer works. 

The validity requirements of a domestic contract may vary from jurisdiction to jurisdiction. Additionally, key aspects of Ontario domestic contracts, including the need for full and frank disclosure, are not requirements across the globe. The absence of these components may put the validity and enforceability of a domestic contract or a provision in it in jeopardy in Ontario.