As a married couple navigating the complexities of life together, preparing and signing postnuptial agreements can provide you and your spouse with an effective way to protect your assets, property, and finances while minimizing your exposure if you were to ever file for divorce. However, the
An experienced Hamilton postnuptial agreements lawyer could help you draft the contract or review it after it has been created to ensure that the agreement is fair, reasonable, transparent, and enforceable. At The Riley Divorce & Family Law Firm, our marital agreements lawyers could help craft fair contract terms or ensure that you are protected by providing an objective legal oversight if you or your partner has already drafted one. Contact us today to help with your postnuptial agreement; we are available 24 hours a day.
While postnup contracts share similarities with prenups, they specifically cater to changing circumstances after a couple is married. The agreement states what happens to assets, income, finances, and property if the marriage breaks down.
However, because Canada’s courts understand that a spouse can intimidate the other into signing an unfair postnuptial agreement, post-marital contracts are more heavily scrutinized than prenups. The average postmarital agreement typically includes:
Ultimately, a solid postnuptial agreement helps provide peace of mind to couples if their marital state were to change in the future. A postnuptial agreement lawyer from The Riley Divorce & Family Law Firm in Hamilton could provide insight into how this agreement helps protect you and your spouse in your marriage.
Postmarital agreements are great in that they pre-emptively address potential financial and legal issues that arise during the union. Additionally, it may protect a new business from division, empower stay-at-home parents, minimize legal costs and expenses in the event of a divorce, and aid financial transparency among couples.
If one person had children from another marriage, the agreement could ensure that the children’s inheritance is intact and protected from any manipulations. Our lawyers in Hamilton have extensive experience with addressing all concerns you may have through comprehensive post-marital contracts, and we could ensure all your bases are legally covered before it is enforced.
The court only enforces a postmarital agreement if the contract terms are fair and reasonable. Therefore, a postnup must also be drafted with full transparency of each partner’s financial situation. To avoid any ambiguity or the insertion of potentially harmful conditions, our Hamilton postnuptial agreements lawyers should review the agreement before both partners sign it.
If these requirements are not met, it renders the agreement potentially ineffective and voidable by a court. If a court determines that there are unconscionable terms in the agreement, it will not enforce it, even if the disadvantaged partner has signed the agreement. The same applies to postnup contracts signed under duress and without the voluntary consent of either party.
Postnuptial and marital contracts help secure a married couple’s assets and protect your interests in your marriage. However, they must be drafted the right way and with the help of experienced legal professionals.
At The Riley Divorce & Family Law Firm, our Hamilton postnuptial agreements lawyers could help you with everything from drafting a fair agreement to reviewing one that your partner has already provided. We could provide experienced legal guidance that ensures your rights and interests are looked after in the contract terms. Contact us to discuss your case.
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