If you are ending your marriage with a prenuptial agreement in place and significant assets at risk, you may wonder how the agreement will hold up in court. In Ontario, prenuptial agreements direct the court on how property, business interests, and spousal support should be addressed. When large estates or complex holdings are involved, a solid prenuptial agreement may be an important part of the divorce process.
At The Riley Divorce & Family Law Firm, we help clients understand the impact of prenuptial agreements in an Oakville high-asset divorce. Our team of experienced divorce lawyers is available 24/7 to evaluate your agreement and answer your questions. Let us advocate for your rights to protect your financial future.
In Ontario, prenuptial agreements, also known as marriage contracts, are governed by the Family Law Act. These contracts allow couples to pre-determine important factors about assets before getting married that could impact a future divorce. For example, a contract may state how property will be divided, how spousal support will be calculated, and possibly even who owns the marital home. However, not every agreement is automatically enforceable.
In Oakville, a pre-marriage contract’s validity may be impacted if it was signed under duress, did not accurately disclose financial information, or is found to be unconscionable by the court in a high-asset divorce. Our team could help with your case, including:
We could ensure your privacy, reputation, and long-term financial interests are protected and that the terms align with the law and accurately reflect your current financial reality.
For couples with significant assets in Oakville, a prenuptial agreement can provide direction regarding property ownership. If a property existed before the marriage or is tied to family businesses or corporate shares, it becomes even more important. In the event of a divorce, your prenuptial agreement may override Ontario’s equalization rules for the distribution of property. For example, a marriage contract may protect assets that include:
Our team could work with experts to confirm that valuations are accurate and enforceable. When disagreements arise, we could also advocate for your interpretation of the contract in hearings or court.
For high-income Oakville households, prenuptial agreements may also address marital support plans and payments, including limits on the amount of support given to a receiving spouse. If you waive marital support completely, keep in mind that courts may intervene if the contract leads to an unfair result.
A marital support agreement outlined in a prenup may be upheld if it reflects fair negotiation and full disclosure. However, if circumstances have changed drastically, the initial agreement may no longer be balanced. For example, if unexpected illness, caregiving responsibilities, or other lifestyle changes occur, the contract may be renegotiated.
At The Riley Divorce & Family Law Firm, we understand how important discretion, strategy, and financial protections are in high-net-worth divorce cases. With multiple lawyers on our team and around-the-clock availability, we are ready to support you. If you are preparing for divorce and want to know how your contract will affect the outcome, call us to learn about the impact of prenuptial agreements in an Oakville high-asset divorce.
The Riley Divorce & Family Law Firm
