Domestic Contracts in Nova Scotia

 A domestic contract is a private written agreement between partners that sets out how they will manage their financial, property, and parenting responsibilities during the relationship and if the relationship ends.

Domestic contracts are used by:

• Couples living together (cohabitation agreements)
• Couples planning to live together
• Couples separating from a common‑law relationship
• Registered domestic partners under Nova Scotia’s Vital Statistics Act

Domestic contracts are not court forms. They are private agreements that courts will enforce if properly drafted.

Nova Scotia law treats married and common‑law couples differently. Common‑law partners do not automatically receive the same rights as married spouses.

Without a domestic contract, common‑law partners may have:

• No automatic right to property division
• No automatic right to pension division
• Limited access to spousal support
• No clear rules for financial responsibilities
• No agreed‑upon plan for separation

A domestic contract provides clarity, protection, and predictability.

A well‑drafted domestic contract may include:

• Ownership of property brought into the relationship
• How property will be divided if the relationship ends
• Treatment of pensions, RRSPs, and investments
• Responsibility for debts
• Living expenses and financial contributions
• What happens if one partner purchases a home

• Division of property
• Division of debts
• Spousal support (entitlement or waiver)
• Use of mediation before court
• Use of Parenting Coordination for disputes involving children

• How major financial decisions will be made
• How household responsibilities will be shared
• How new assets will be owned

• Parenting schedules
• Decision‑making responsibilities
• Communication guidelines
• Travel and relocation
• Conflict‑resolution steps

Courts will not enforce clauses that attempt to waive child support or limit a child’s rights.

Legal Requirements for Enforceability

Nova Scotia courts generally enforce domestic contracts if they meet the following criteria:

Both partners must sign freely, without pressure or coercion.

Each partner must disclose assets, debts, income, and liabilities.

Courts will not enforce vague or confusing clauses.

Not legally required — but strongly encouraged. Courts give more weight to agreements when both partners had legal advice