Agreement similar to a prenuptial but made during a marriage?

I recently found out my husband has been unfaithful repeatedly. But he says he desperately wants to save our marriage. If I decide to stay in the marriage, I'd like to have some financial protection in case he cheats in the future and I choose to call things off, or he decides he'd like to leave. We live a very comfortable lifestyle (multiple properties etc.) and his income is significantly higher than mine. We have one school-age child. I'd like something like a prenuptial agreement that outlines if we were to split up, my financial status wouldn't suffer and I'd get to define a joint custody schedule. Is there a name for this kind of agreement made during a marriage? Is there a standard or common version? What other issues should I consider addressing in the agreement? Many thanks.

Asked 12 months ago in Ontario
Categories: Family Law

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Hamoody Hassan

Answer by Hamoody Hassan

VerifiedOntario lawyer

In a situation like yours there is a lot to consider. I would suggest you discuss your affairs including estate planning, powers of attorney for proeprty and personal care and propose a marriage contract/cohabitation agreement that would address all aspects of your family's future if you continue to live together but providing protection if in the end either chooses to leave the marriage for whatever reason. No one is obligated to stay in a relationship even if married. See a marriage counsellor to support the relationship whether you are together or decide to separate. Hamoody Hassan, Senior Counsel,

Posted 12 months ago

This is general advice, not based upon any particular case, fact or law: seek individual legal advice. I can only answer generally and cannot offer an opinion about your case. If you want an objective opinion or to interview with a lawyer, check out many lawyers on the internet like our firm who offer free consultations on contingency files. You can also phone the Law Society Lawyer Referral Service directly at 1-855-947-5255 or 416-947-5255 (within the GTA), Monday - Friday, between 9 am - 5 pm. They will provide 3 names of lawyers who handle cases like yours. Good Luck! Hamoody Hassan, Senior Counsel,

Please note that this is for informational purposes only and does not constitute legal advice to you. Legal advice pertaining to your particular situation can only be provided by a lawyer who has met with you to obtain all pertinent background information necessary to give you a formal legal opinion. For formal legal advice, hire a lawyer (many give a free first consultation). Contact <a href="" target="_blank" rel="nofollow">Hamoody Hassan, Senior Counsel, </a><a href="" target="" rel=""></a><b><a href="" target="_blank" rel="nofollow"></a></b>, or search the <a href="" target="" rel="">Lawyer Directory</a>. <br>

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