Oakville Marital Agreements Lawyer

Marital agreements are legally binding contracts that allow people to make contingency arrangements regarding property, assets, and other essential factors should their marriage or relationship end. They can also lay out arrangements should one party die or other problems arise.

Paul Riley and the dedicated family lawyers at The Riley Divorce & Family Law Firm are available 24/7 to help you draft and finalize a marital contract tailored to your needs. Call a qualified Oakville marital agreements lawyer today to schedule a consultation.

Martial Agreement Protection

Marital agreements can provide couples with security and peace of mind, knowing the legally binding documents protect them in the event of divorce, separation, or the death of a spouse. Parties entering the agreements enjoy benefits including:

  • Saving time by avoiding drawn-out litigation
  • Saving money often spent on legal and court fees
  • Preventing ongoing conflict and disputes during a divorce or separation process
  • Making decisions regarding debt, property, assets, and children from prior marriages in advance

Our Oakville lawyers could provide legal advice and ensure you understand your rights and responsibilities before signing or drafting a marital agreement.

Common Marital Contracts

Standard marital contracts include prenuptial and postnuptial arrangements and cohabitation agreements. Each is available to couples, and the proper contract depends on their circumstances.

Prenuptial Agreements

Prenuptial agreements, also called prenups, are legal documents detailing the rights to assets and debt obligations of two people entering a marriage. Some topics they cover include:

  • Assets, property, and debt
  • The division of marital property
  • Maintenance and support obligations
  • Arrangements, including education decisions for any children

Prenups can protect the property and assets you enter a marriage with and safeguard you from responsibility for paying your future spouse’s outstanding debt.

Postnuptial Agreements

Postnuptial agreements cover the same content as prenups, but the couple signs the contract after marriage. They provide protection and allow couples to lay out arrangements should they divorce.

Cohabitation Agreements

Cohabitation agreements are legal contracts available to unmarried couples planning to live together. The document provides the rights and responsibilities of each party should their relationship end.

Paul Riley and the team of knowledgeable marital agreements lawyers at our firm in Oakville could help determine the proper contract for you and your partner and draft the document to ensure compliance with the regulations.

The Family Law Act

According to Part IV of Canada’s Family Law Act, if marital contracts do not comply with the legislation, family courts can declare the legal documents invalid.  The contracts must adhere to the following guidelines:

  • Contracts must be in writing
  • People entering the contract must do so of their own free will
  • Both parties entering into the arrangement must sign the agreement. There must be full disclosure by both parties with honest negotiations to ensure a fair and equitable arrangement
  • There must be a person present to witness the signing, and while not a requirement, having them sign as witnesses can help avoid potential issues

There are countless online options these days to create legal contracts yourself. However, marital agreements must comply with the statutes and include specific jargon, so attempting to draft one yourself may leave you unprotected in the long run. Consulting with a martial agreements legal team in Oakville could help you better protect yourself.

Meet With a Skilled Marital Agreements Lawyer in Oakville

While prenups and other marriage contracts have a negative reputation, they offer many benefits and allow you to protect yourself in the future. The primary goal of the contracts is to make crucial decisions should your relationship end and help avoid conflicts and ongoing litigation that often arise during divorce.

An experienced Oakville marital agreements lawyer could guide you through the process and tailor an agreement to fit your wants and needs. Call today to schedule an appointment and learn more.

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