Ottawa Prenuptial Agreements Lawyer

A prenuptial agreement is a formal contract between two people who are going to marry at some point. This type of contract is also known by several other names, such as an antenuptial agreement, a pre-marital agreement, or simply a prenup. Soon-to-be-married couples often utilize a prenuptial contract when one or both of them want to protect their current assets or future property earned throughout the marriage.

This can be done as a precaution to a potential future divorce or just as a way to keep each other’s assets organized during the marriage. A knowledgeable Ottawa prenuptial agreements lawyer understands the importance of protecting your property and is available 24/7 to help draft a fair and secure marital contract that adequately addresses your concerns.

When Should a Prenup be Used?

An antenuptial contract allows you to plan for the future, protect your current and future property rights, and reduce potential risks if something happens to your marriage in the future.

Individuals often have concerns regarding their assets prior to marrying their spouse, which could be alleviated with a well-executed prenuptial agreement. For instance, one spouse might own a home, a business, or other significant assets that were purchased or started prior to the marriage. Additionally, there could be instances where one spouse invested more into purchasing a property or other asset.

A prenup could also protect your income by providing a waiver of spousal support if you and your spouse ever become separated or divorced. A skilled prenup contract lawyer in Ottawa could evaluate your circumstances to develop an agreement that reflects the nuance of your relationship and property expectations.

Content of a Prenuptial Agreement

A prenup typically includes terms relating to the division of property and spousal support arrangements, according to Ontario’s Family Law Act §52. Additionally, agreements entered into prior to marriage could include a forfeiture clause that provides for a forfeiture of certain assets if a divorce is sought based on adultery or similar grounds.

Certain criteria must be met for a prenuptial contract to be legally valid according to Family Law Act, including:

  • The agreement must be in writing, signed by both parties, and witnessed by an additional party
  • Both parties must fully disclose their assets and liabilities, including debts
  • Both parties must have legal representation or the option of legal representation throughout the course of the agreement
  • There can be no fraud, duress, undue influence, or unconscionable actions by either party
  • The agreement must only cover matters permitted by the Family Law Act

Courts commonly uphold a prenup if it is clear that the contract was negotiated freely and agreed upon by both parties, even if circumstances change that might make the agreement unfair later. It is important to note that pre-marital agreements cannot include terms on the care and wellbeing of children. An experienced Ottawa prenup lawyer understands the requirements for a legally valid contract that complies with the relevant laws.

Contact an Ottawa Prenuptial Agreements Lawyer Now

A prenup can sometimes get a bad reputation; however, it could help both parties set expectations about their financial situations and future together. Due to the many requirements for a valid pre-marital contract and the lasting consequences of such agreements, it is important to utilize available legal assistance. A seasoned Ottawa prenuptial agreements lawyer could help draft an effective and legally valid prenup to prevent ambiguity and risks in the future. Schedule a consultation any time by calling our firm.

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