What Are Post-Nuptial Agreements & Why You Need One?

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Post-Nuptial Agreements Can Help Marriages

Understanding Post Nuptial Agreements

You have likely heard about a pre-nuptial agreement. These are marriage agreements that individuals enter into before getting married. As the Canadian Bar Association explains, these agreements are very similar to contracts that you might sign with business partners, landlords, or any other relationship where it is important to define the responsibilities of each party. So if you have already walked down the isle, what do you do? There is more to learn below or call our Calgary, Alberta legal team for help 403-225-8810.

What is a Post-Nuptial Agreement?

If a pre-nuptial agreement is drafted and signed before the marriage takes place, a post-nuptial agreement could be created after vows have been said. Both of these documents essentially perform the same tasks. The only real difference is the time they are written and when they go into effect. Some couples may even sign a pre-nuptial agreement and a post-nuptial agreement.

ts of sorts. They outline the responsibilities and expectations of each spouse. Depending upon the preferences of the couple, this agreement can be used to determine how major decisions, which will affect the marriage, will be handled.

They might also provide guidelines for how major responsibilities regarding finances and childcare will be distributed. Many couples like to have these agreements in place because this can potentially eliminate difficult conversations, moments of uncertainty, and disputes within the marriage down the road.

Marriage agreements are perhaps most widely known for being documents that outline which property is marital property, and which assets are to remain in the sole ownership of one of the spouses, if the marriage ends. For instance, one spouse may stipulate that a family business or a family home is to remain in their name only if the marriage ends in a divorce.

A marriage agreement may also stipulate whether or not a spouse will be entitled to spousal support and/or child support if the marriage ends. These agreements need to be validated by the Courts, and an Alberta family lawyer can help you draft an agreement that meets the requirements of the law.

You will also need independent legal advice. Learn more about Post-nuptial ILA here.

Why You Need a Post-Nuptial Agreement?

Pre-nuptial agreements are more common and more widely known because they are seen as legal tools. These tools are used to protect an individual and their assets before they enter a marriage. This is especially true if one or both of the spouses is entering a marriage with lots of assets. This can include a large estate and/or a business that they grew.

There are some instances, however, when these types of agreements are drafted after the couple is already married. This does not typically happen simply because one or both spouses is having doubts about the marriage. The need for a post-nuptial agreement generally occurs when certain circumstances dramatically change for the couple.

For instance, one spouse may inherit a large piece of property or a business from a family member. To ensure this inheritance will stay within the family, regardless of the future of the marriage, the family might insist on signing a post-nuptial agreement.

If there are any influences that cause the dynamic of the marriage to shift considerably, the couple may consider a using a post-nuptial agreement to bring about balance to the marriage. A spouse may change careers, and this may completely shift the roles of each partner, causing confusion. A marriage agreement may create the guidelines necessary to help the couple stay on track.

Marriage is a partnership. providing the support and framework the relationship need to have a strong foundation is essential. This can include a post-nuptial agreement. If you feel your marriage would benefit from one of these agreements, consult with a family law attorney in Alberta.

Learn more about our family law services here.

Hiring a Post-Nuptial Lawyer in Calgary

You may wish to schedule a consultation with a member of our team to discuss your family law entitlements and obligations. The post-nuptial lawyers at Kahane Law Office in Calgary, Alberta can help. Please contact our experienced team at Kahane Law Office. You can reach us toll-free at 1-877-225-8817, or 403-225-8810 locally or email us directly here.