Family Lawyers

Etobicoke & Mississauga Family Lawyers

Kelowna Family Legal Services for Prenuptial Agreement, Separation and Cohabitation Agreement or Uncontested Divorce

Resolve family matters with Maio Law - With offices in Kelowna & Lake Country British Columbia, obtain a full range of solutions for family legal matters where and when you need them across Kelowna, Lake Country and surrounding areas.

Call Now For A Free Consultation: (888) 586-3204

Prenuptial Agreement

Whether you are getting married and want to inquire about a prenuptial agreement or are moving in with your partner and want to a cohabitation agreement, Maio Law located in Kelowna & Lake Country British Columbia can assist you in navigating the touchy subject. Understanding that the process is difficult for some if not most individuals and working closely to ensure that the process of drafting, understanding, and executing the prenuptial agreement is easy and seamless. Should you be in a position where you need independent legal advice as you are a party to the agreement without current representation, Maio Law can also assist you.

If on the other had you and your spouse or partner are separating and would like to obtain a separation agreement, Maio Law firm in Kelowna can assist. Drafting separation agreements or providing independent legal advice for the other party to the agreement. Understanding that you are going through a difficult time and working with you to make the process as smooth as possible.

Maio Law can also assist with an uncontested divorce. Understanding that it is a difficult time in your life and completing the paperwork and filing the required court documents can be time consuming and confusing. When you retain Maio Law to assist with obtaining a divorce, the primary goal is take the weight off your shoulders and complete the process saving time and stress.

Cohabitation Agreement

​You are about to move in with your significant other. But did you know that doing so affects your rights regarding your assets, your income, and your children. What happens in the unfortunate event if you separate? What happens to your assets if you pass away?

​You may know this Agreement as a:

  • Prenup;
  • Marriage Contract; or
  • Cohabitation Agreement.

​​But essentially they all reference the same legal document.

​A marriage may convert a cohabitation agreement into a marriage contract where the agreement specifies such, or where there is no consensus to revoke the cohabitation agreement.

​A marriage contract is an agreement between two persons who are married to each other or intend to marry, in which the parties agree on their respective rights and obligations under the marriage or on separation, annulment, divorce, or death, including:

  • Property ownership or division,
  • Support obligations,
  • The right to determine the education and moral training of their children, and
  • Any other matter with regard to the settlement of their affairs.

​A marriage contract may not:

  • Deal with child custody or access rights (on separation), or
  • Purport to limit a spouse's right to possession of the matrimonial home under part II of the Family Law Act.

Uncontested Divorce

​A divorce application can be commenced by either party in the British Columbia Superior Court by filing an Application naming the other party as the Respondent. A divorce proceeding may be either defended (contested) or undefended (uncontested), meaning the spouse that has been served with the Application and has decided not to file an Answer within the time period required. Where the parties are disagreeing as to any support payments, whether spousal or child, or are disagreeing as to equalization of net family property, the divorce will likely be contested. However, if the parties agree on these matters or have finalized them in a separation agreement, or a prenuptial agreement, then the divorce can likely proceed uncontested.

Where the parties wish to proceed via an uncontested divorce, our firm can assist with the procedure to ensure that the correct steps are taken in a timely fashion.

Learn More »

Seperation Agreement

Two person who cohabited and are living separate and apart may enter into a separation agreement in which they agree on their respective rights and obligations, including:: child custody/access, property (matrimonial home), debts, and spousal and child support. A separation agreement is not limited to married persons but may include any persons who have cohabited. It is important that both parties to the agreement act in good faith and make full and complete financial disclosure. A separation agreement is not mandatory, however it is highly recommended as without one the rights and obligations between individuals will not be settled. It is true that a Separation Agreement does not have to be drafted by a lawyer, however, like any contract, a separation agreement can be reviewed by the court on application by one of the parties to the agreement. Where one, or neither party had legal advice with respect to the terms and obligations of the contract, it is possible for a court to alter the terms that were agreed to.

Independent Legal Advice

Are you a party to a cohabitation agreement, marriage agreement, or separation agreement and require Independent Legal Advice. Maio Law can assist to make sure you understand the legal implications of entering such agreements. Meeting with you and personally reviewing the agreement to make sure you have a thorough understanding of what you are signing. Call Maio Law today to schedule an appointment to get started.

Ask A