@Connie – The situation is a little more complicated than that. I know I am biased in this regard, but I would highly recommend that the agreement be drafted by a lawyer. The cost of an agreement is nominal relative to the value of the home you want to protect. The treatment of spousal support in your marriage contract is completely optional. If you do not make a decision, applicable provincial or federal laws will determine your spousal support at the time of your separation. No, not at all. Creating a post-term contract doesn`t mean your marriage will end. As with all other marriages, there is always the possibility of separation or divorce. Whether you create a postnup, you and your spouse control the future of your relationship. The main case in which this issue is discussed is: D`Andrade v. Schrage, 2011 ONSC 1174 (CanLII).
In this case, the husband attempted to take a post-up on the grounds that the wife was having an affair at the time of the trial and was considering separation. The court ruled that the post-marriage contract should NOT be revoked for this reason. Here are some of the points raised by the judge: A postnuptial agreement is a written contract that two spouses enter into after entering into a marriage while committing to each other. Spouses use post-uptial contracts to describe the division of their property and responsibilities when they separate or divorce. THAT day, in a professional capacity, I was consulted by ___ and acknowledged and stated that he or she, of his or her own volition and without fear, threats, coercion or influence of ___ A prenuptial agreement is a form of prenuptial agreement that is negotiated and signed after marriage to exclude and protect assets or maintenance obligations if there is no marriage contract or in addition to it. A post-marriage contract is an alternative and protection against actual or presumed coercion that occurs when a marriage contract is signed too close to an upcoming wedding date. A post-marriage contract may be designed to modify a prenuptial agreement that may no longer reflect the parties` intentions regarding financial arrangements after the marriage breakdown. Many people believe that these are model agreements that can be drafted cheaply and quickly, but these types of agreements require careful and specific wording to reflect the intentions of the parties, negotiations between the parties with full financial disclosure that includes asset valuations. Anyone considering entering into a post-marriage contract with their spouse should understand that these legal documents are not beyond reproach. Even if a post-marriage contract meets all the thresholds to be valid and enforceable, the courts can still remove it. Married for 1.5 years, my wife, a business owner, now wants a marriage contract.
She wants to protect her “assets, her house we live in and her business interests” and get me to sign that I have no interest. However, I have a pension plus another residence and I will retire in a few years, what or how can I protect my assets and interests, if the worst (a divorce) were to happen in my retirement years, do I want it to remain a beneficiary, but only in a conjugal obligation? My employer has a legal waiver of the option, but he tells me that in retirement, if she is registered as a beneficiary, it is binding! As with any type of legal agreement, you should only enter into a post-agreement after careful consideration of all the terms and effects of the agreement. Here are some of the reasons to think twice before creating and signing a post-marriage contract. @Fran – There is not enough information to answer your question. But to guide you, if you and your partner enter into a post-marriage contract that essentially divides your property as if you separate, and then keeps the property separate after that, given what you`ve said, that would be nice. However, on your wedding day, you acquire various family rights and obligations to and from your spouse. So, when you enter into a contract after marriage, at least one person usually waives the legal rights they already have. There is nothing wrong with that, but a court will be particularly careful when determining the validity of a postnup when considering the circumstances in which a postnup was received. So you have to be very careful when documenting this through a lawyer, and be very careful to make sure the deal is fair. .
