The Missing Voice in the Wealth Planning Conversation
Your accountant is structuring the deal. Your financial advisor is optimizing the portfolio. Your estate lawyer is drafting the will. But who is making sure none of that work gets undone by family law?
That’s where we come in.
We Belong at the Table
At M & Company, we work alongside your existing advisory team — your wealth managers, tax advisors, corporate counsel, and estate planners — to ensure that the strategies being built to protect and grow your wealth are actually protected under family law.
Because the hard truth is this: a trust structure, a holding company, or an estate plan that has not been stress-tested against family law is a plan with a blind spot. And blind spots are expensive.
What We Do
We review, advise, and provide strategic input at every stage of wealth planning — not just when a relationship breaks down. Our role is preventative, not remedial.
We are the lawyers you call before there is a problem.
We advise on:
- Whether you need a marriage contract or cohabitation agreement
- How trust structures and corporate assets are treated under the Family Law Act
- Whether your estate plan and domestic contract are aligned — or working against each other
- The family law implications of a significant liquidity event, inheritance, or business restructuring
- Whether your existing marriage contract still reflects your financial reality
The Cost of Leaving Us Out
Wealth built over decades can be exposed in a single proceeding — if family law was never part of the conversation.
Courts can pierce trust structures. Discretionary distributions can be attributed as personal income. A marriage contract signed before the business was worth what it is today may no longer be valid. The work your team has spent years building can be unravelled in a proceeding that no one saw coming.
We make sure it doesn’t.
How It Works
We integrate seamlessly into your existing advisory relationships. We are not here to replace your team — we are here to collaborate. Whether you need a formal opinion letter, a contract review, or a seat at the table during a significant transaction, we bring the family law expertise that every high-net-worth advisory conversation deserves.
Wealth planning is complex. Protecting it should be too.
Marriage Contracts & Cohabitation Agreements
Strategic Asset Protection That Benefits Both Partners
A well-crafted marriage contract or cohabitation agreement isn’t about protecting one party at the expense of the other—it’s about creating clarity, fairness, and peace of mind for both of you. Think of it as insurance for your relationship: a modest investment now that can save you significant conflict, legal fees, and uncertainty if your relationship ends.
The True ROI of Proactive Planning
When clients invest in a properly drafted agreement, they see returns that far exceed the initial cost. Clear terms agreed upon when you’re aligned eliminate disputes when emotions run high—you’ve already answered the difficult questions together. Separation without an agreement can cost six or even seven figures in legal fees, while a comprehensive agreement typically resolves property division in a fraction of the time and cost.
Both partners gain certainty and control, knowing exactly what they’re entitled to with no surprises, no protracted negotiations, and no courtroom drama. When the financial terms are settled in advance, couples—especially those with children—can focus on co-parenting and moving forward rather than fighting over assets. This preservation of relationships may be the most valuable benefit of all.
Protection That Works for Both Sides
Our approach is fundamentally collaborative. We don’t draft one-sided agreements that protect only the higher-earning spouse or the partner bringing more assets into the relationship. Instead, we work with both parties (each with independent legal advice) to create an agreement that reflects your shared values and priorities while addressing both partners’ legitimate concerns.
These agreements provide fair protection for assets earned before and during the relationship, consider future scenarios neither of you can fully predict today, and create a roadmap both of you can live with. The goal is mutual protection and mutual benefit.
Contract Drafting for Complex Family Matters
We don’t use templates. Drawing on our background in Bay Street commercial law we craft marriage contracts and cohabitation agreements with the same precision and strategic thinking used in major commercial deals. This matters tremendously when you’re protecting business interests, professional practices, investment portfolios, or family wealth structures.
We anticipate contingencies and build in flexibility where needed. Your agreement reads like the sophisticated legal document it is, not a fill-in-the-blank form that leaves critical issues unaddressed.
When These Agreements Are Essential
Marriage contracts and cohabitation agreements are particularly valuable when one or both partners own a business or professional practice, or when either partner has significant pre-relationship assets or family wealth. They become crucial when you’re blending families with children from previous relationships, when there’s a substantial income disparity between partners, or when one partner is sacrificing career advancement for family responsibilities.
These agreements also protect family inheritances or trusts that need to remain separate property, and they allow you to opt out of default property division rules that don’t fit your unique circumstances. High-net-worth couples especially benefit from the clarity and protection these agreements provide.
Our Collaborative Process
It is our preference to work on agreements on a collaborative basis with your partner and their lawyer. The purpose is to understand your goals, concerns, and what matters most to each partner. This initial meeting sets the tone for a process built on transparency and mutual respect.
Full financial disclosure comes next, ensuring complete transparency about assets, debts, income, and financial expectations. This disclosure is essential to creating an agreement that will be enforceable and fair. Each partner then works with their own lawyer to review and approve the terms through independent legal advice. This protects both of you and strengthens the agreement’s validity.
Our Financial Advocacy Group, staffed by former Big Four CPAs, work to ensure the terms reflect the true financial picture. This sophisticated financial analysis is particularly important for couples with complex assets, business interests, or substantial investment portfolios.
We then craft provisions tailored to your specific situation—custom-built contracts that address the nuances of your financial life and relationship. Life changes, so we build in review mechanisms and address contingencies like children, inheritance, business growth, and career changes to ensure your agreement remains relevant and fair over time.
The Cost of Not Having an Agreement
Without a properly drafted agreement, couples face Ontario’s default property division rules, which may not reflect your intentions or circumstances. The resulting disputes often mean extended litigation that can take years to resolve and legal fees that consume a substantial portion of the marital assets. Conflict damages co-parenting relationships and family dynamics, while business valuations and potential forced sales disrupt enterprises you’ve spent years building.
You’ll also face public court proceedings rather than private resolution, often resulting in outcomes neither party finds fair or acceptable. The emotional and financial toll of contentious separation proceedings can be devastating, particularly for high-net-worth families with complex financial structures.
Investment That Pays Dividends
It is not uncommon for a comprehensive marriage contract or cohabitation agreement to cost $10,000 plus in fees—a fraction of what an acrimonious separation costs. More importantly, it’s an investment in the quality of your relationship. When both partners feel protected and respected, you can move forward together with confidence.
The return on this investment is measured not just in dollars saved during a potential separation, but in the peace of mind you gain knowing that whatever happens, you’ve handled this aspect of your lives with integrity, foresight, and mutual respect. For high-net-worth couples, this clarity around complex assets provides security that simply can’t be achieved any other way.