Whether marriage is far off or you have a wedding upcoming in just a few months, it is never a bad time to think about a prenuptial agreement. In fact, many engaged and dating couples in Ontario create these agreements to protect their property rights and resolve certain issues now in the event of a divorce later. A Hamilton prenuptial agreements lawyer from The Riley Divorce & Family Law Firm could provide guidance about how to move forward with little conflict.
Uncertainty about the future and division of assets can significantly impact a relationship. Our marital agreements lawyers could help you discuss your situation and draft a contract outlining the right decisions for your relationship. We could provide guidance from the initial steps of drafting a contract to enforcing it.
A prenuptial agreement outlines who has control over which assets in the event of a divorce. Married couples who divorce without a contract in place could be entitled to equal shares of the marital estate, which may include all assets and debts. For many couples, this is not the preferred way to sort out the details in these cases. One spouse may have a higher net worth or valuable assets they entered the marriage with. A spousal agreement allows for the division of marital assets to include only shared properties to prevent one party from facing serious or unfair losses.
Prenuptial agreements can also relate to business partnerships and interests and how they should be handled, as well as establish obligations each party has to the other in the event of a divorce. For instance, one party might bring in more income than the other, and the contract would stipulate how each spouse would share income in the coming months. A Hamilton lawyer familiar with prenuptial contracts could help you better understand what you can or cannot include in your agreement.
To write a valid and enforceable prenuptial agreement, the contract must meet specific standards. These standards include:
This drafting stage is crucial to the process. If a judge decides a prenuptial agreement was written without fair disclosure of assets or that one party did not understand the agreement, they could deem it null and void. For this reason, it is always wise to work with a Hamilton lawyer who is familiar with the prenup process and has the ability to create professional, equitable documents.
A Hamilton prenuptial agreements lawyer could help you draft a contract and understand the necessity of these types of agreements in a marriage. Whether you are already engaged or are just discussing the prospect of marriage, getting ahead of possible financial issues could have a positive impact on your relationship.
Are you ready to make strides toward a healthier relationship? Do you want to protect yourself and your assets in the future? We could look out for your best interests and the interests of your marriage. Schedule a consultation with our team of lawyers today to learn more about your legal options. We are available 24 hours a day to assist you.
The Riley Divorce & Family Law Firm
