This paper focuses on two aspects of pre-nuptual agreements, cohabitation agreements and minutes of settlement, namely giving independent advice and the impact of the amendments to the Wills and Succession Act as they relate to the Matrimonial Property Act. The author offers a list of best practices for giving independent legal advice and discusses some of the unanticipated pitfalls for lawyers and clients arising from the interaction of these two pieces of legislation.

This paper was drawn from materials presented at the Cohabitation and Pre-Nuptial Agreements program held in May 2012.