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    I am getting married. Should I draw up a marriage contract and if so, do I have to do it before I am married?
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    To answer the second question first, in certain American states only agreements made prior to marriage are enforceable marriage contracts, hence the term pre-nuptial agreement or "pre-nup." In Ontario, a marriage contract can be made either before or during a marriage. In addition, if you are living together, you can draft a cohabitation agreement and designate that it become a marriage contract should you ever get married. The general answer to the first question, legally speaking, is yes you should have a marriage contract. When you and your spouse enter into a marriage contract, you are essentially agreeing on the terms of your divorce, a difficult thing to contemplate either prior to, or shortly after, a wedding ceremony. On the other hand, it is at that point when generosity and fairness are most keenly felt, so it may, in fact, be the best time to negotiate an equitable agreement as to how the relationship will conclude. Each party will then know where they will stand in the event that the relationship ends. Generally speaking, a marriage contract will also make any divorce or separation easier to resolve. But marriage contracts must be drafted with care because the parties involved are trying to negotiate an agreement based on their assumptions about the future.

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