MARRIAGE CONTRACT & PRENUPTIAL AGREEMENT
A marriage contract, or prenuptial agreement, is an agreement typically created before a couple gets married. It outlines specific terms and conditions should there be a breakdown in the marriage that ends in separation and divorce.
In Ontario, you can enter into a marriage contract even after marriage, provided a separation or divorce is not being contemplated at the time.
A marriage contract, when drafted and created by our marriage contract lawyer in Scarborough, is a legally binding document. It will contain details on the division of property, disposition of the marital home, spousal support, and with some limitation, child custody and access, and child support.
Even if couples do not presently have children, they can still include provisions in their marriage contract about children. Additionally, they can include how parental decisions will be made for children, religious preferences, and other such details.
The purpose of a marriage contract is to avoid the stress and conflict common during a divorce. Since the couple already prepared ahead of time, they will not have to worry about making emotionally-fueled decisions.
Even though couples might think this would be a dreaded topic to discuss before their marriage, creating a prenuptial agreement brings peace of mind.
It is important to be very specific and define your exact intentions in the marriage contract. If you do not address specific items, then you will have to deal with them later if you file for a divorce. Even worse, a poorly drafted marriage contract can easily be overturned by a court and that is why it is imperative to work with a good family law lawyer.
To learn more about marriage contracts, please call our family law firm to schedule an appointment with our Scarborough marriage contract lawyer today!