The Hidden Cost of DIY Family Law Contracts in Nova Scotia: Why You Shouldn't Go It Alone
From prenups to separation agreements, more Nova Scotians are looking online for free templates or trying to write their own family law contracts. We get it — legal fees can seem like an unnecessary expense when you’re trying to avoid conflict or keep things “simple.”
But when it comes to family law in Nova Scotia, a DIY contract is often worse than no contract at all.
At CDR Law, we’ve seen what happens when these agreements fall apart — and trust us, it’s not pretty. Here's why you should always have a family lawyer draft or review your agreement, and what can go wrong if you don't.
What Is a Family Law Contract?
In Nova Scotia, family law contracts include:
Prenuptial Agreements (before marriage)
Marriage Contracts
Cohabitation Agreements (for common-law couples)
Separation Agreements
These documents deal with critical issues like property division, spousal support, and (sometimes) parenting arrangements. They are legal contracts — and like any contract, their wording, format, and process matter.
5 Risks of DIY Family Law Agreements in Nova Scotia
1. Your Contract Might Not Be Enforceable
Nova Scotia courts can — and do — set aside family contracts that weren’t properly prepared or signed. Common reasons include:
One person didn’t understand what they were signing.
There was no independent legal advice.
The contract is “significantly unfair.”
There was missing or dishonest financial disclosure.
If you download a template or write your own, there’s a strong chance it won’t meet legal standards — and could be invalid when it matters most.
2. You Might Leave Out Critical Clauses
DIY templates are one-size-fits-all — but your life isn’t. Most online agreements miss crucial issues like:
Pensions and CPP division
Future spousal support claims
Debts and liabilities
Inheritance protection
What happens if someone moves, remarries, or dies
Without the right terms, the agreement may not do what you think it does.
3. You Could Accidentally Give Up Legal Rights
Family law in Nova Scotia gives you certain rights by default — but contracts can waive those rights without you realizing it. We've seen people:
Give up spousal support they’re entitled to.
Lose their share of the family home.
Take on debts they didn’t agree to.
A lawyer makes sure you understand exactly what you're signing away — and whether it makes sense in your situation.
“the court is able to conclude, on a balance of probabilities from the evidence, Ms. Cairney was ill-matched temperamentally for Mr. Banilevic. She was uncertain and not understanding of her situation. She was not in any position to stand up to Mr. Banilevic, due to her perception of him and her role as his wife. Therefore she was not in a position to oppose his intent on getting an agreement done. At the time, she was without the benefit and assistance of legal counsel, who would have, at a minimum, acted as a buffer between her and Mr. Banilevic.”
(Sask.: 2020 SKQB 25 (CanLII) | Banilevic v Cairney | CanLII)
4. No Legal Advice = No Protection
One of the first things a judge looks at when reviewing a family contract is whether both parties got independent legal advice (ILA). Without it, the contract may be unenforceable — especially if one person now says they were pressured or didn’t understand it.
Having a lawyer involved from the start protects the agreement and your future self.
5. Mistakes Cost More to Fix Later
We often get calls from clients asking us to “clean up” a DIY contract — but by then, it’s too late. Once a poorly written or unfair agreement is signed, you may have to:
Spend thousands challenging it in court
Accept a bad deal
Re-negotiate under stressful conditions
Paying a lawyer now is almost always cheaper than paying for litigation later.
DIY Pitfalls Are Common in Nova Scotia
We’ve seen agreements downloaded from U.S. websites that don't match Nova Scotia law. Others forget to account for provincial property rules under the Matrimonial Property Act or child support guidelines. Some aren't signed correctly — or even witnessed.
Family law is local. If your contract doesn’t follow Nova Scotia rules, it may not stand up in a Nova Scotia court.
What a Lawyer-Drafted Agreement Gets You
When you work with a family lawyer in Nova Scotia, you get:
A contract tailored to your unique situation
Full financial disclosure and proper documentation
Protection against future challenges
Legal advice you can rely on
Peace of mind
We don’t just fill in blanks — we help you protect what matters, plan for the future, and avoid nasty surprises down the road.
Final Word: Cheap Contracts Can Be Expensive
It’s tempting to use a free online form or a Google Doc someone shared with their friend’s cousin. But when it comes to your rights, your home, your money, and your family, the cost of doing it wrong can be life-changing.
At CDR Law, we help clients across Nova Scotia draft family law agreements that are enforceable, fair, and future-proof. Whether you’re starting a relationship or ending one, we’ll help you do it the right way.