Calgary Prenuptial Agreement Lawyers
Prenuptial Agreements are sometimes referred to as cohabitation agreements, domestic agreements or marriage contracts. While similar to a cohabitation agreement, a “prenup” is for couples who plan to get married. They may or may not be living together prior to marriage. Gender orientation is not a factor in drafting a prenuptial agreement. For couples who are married our Calgary, Alberta Kahane Law lawyers can draft a post-nuptial agreement 403-225-8810.
What Are Prenuptial Agreements For?
Prenuptial agreements create a legally binding contract between a couple who will live together and/or get married. They set out the rights and obligations of both parties if and when the relationship ends. This includes separation, divorce and the death of a partner. Agreeing to things in a prenuptial agreement while a relationship is healthy leaves less to fight over if it does breakdown. If you have already married, then post-nuptial agreements are the appropriate contract. Learn about what a post-nuptial agreement is here.
Prenuptial Agreement Benefits
When dividing property becomes a legal battle, both parties are usually faced with increased legal fees. Prenuptial agreements reduce uncertainty and arguments with respect to the division of assets. It is less expensive to divide assets and debt by agreement than through the family law courts. There is also an emotional cost to prolonged legal fights. Predetermining rights and obligations can help avoid them. Prenuptial agreements can also be used to protect the rights of the children of one or each of the parties in blended families.
Who Should Have a Prenuptial Agreement?
Couple intending to marry should have a prenuptial agreement in place. The more assets that are involved, specifically real property like houses, the more important a prenuptial agreements is. It is particularly important for couples entering second marriages with children from previous relationships to have a prenuptial agreement. Like insurance on your car or house, a prenuptial agreement is something you should have in place but hope to never need.
What do Prenuptial Agreement Lawyers Do?
When drafting prenuptial agreements our lawyers first explain to you what your rights and obligations are. Our lawyers encourage healthy discussions of issues without adversary. You and your partner then decide how you will deal with things on a breakdown of the relationship or death of a partner. It is extremely important that the prenuptial agreement is drafted properly. It is also extremely important that each party have independent legal advice with respect to the agreement. Our goal is to make sure that all agreements are fair and well understood before they are signed.
What is Included in a Legal Prenuptial Agreement?
Prenuptial agreements generally include terms about the following:
- How assets each person brought into the relationship are divided;
- What specific property is excluded from division;
- How debts are divided;
- How assets purchased together are divided;
- Role of step-parents;
- Who pays which expenses during the relationship;
- Payment of spousal support;
- Child support in relation to children from previous relationships;
- Child custody and access in relation to children from previous relationships;
- Child access;
- Who makes educational and moral decisions relating to their children;
- Who gets the home on a breakup;
- Rights and obligations during the relationship; and
- Any other specifically agreed to matter.
How Can You Change Prenuptial Agreements?
Life and relationships change over time. Couples may want to change some or all of the terms in the prenuptial agreement. Changes often come after marriage, on the birth of children, and retirement. Like any agreement, a prenuptial agreement can be changed as long as both individuals agree to the changes. Our lawyers can help make sure that any changes are done legally and with independent legal advice.
The Importance of Independent Legal Advice
Without independent legal advice, your prenuptial agreements may be void or voidable by a court. The courts have ruled that a party to a prenuptial agreement who has not been informed of their rights may not have actually contracted to the agreement. Learn more about Prenuptial ILA here.
How to Hire a Prenuptial Agreement Lawyers in Calgary, Alberta
The family law team at Kahane Law Office understands the intricate nature of prenuptial agreements in Alberta. We will help you understand your rights and responsibilities and protect yourself and your partner in the event of a breakdown of your relationship.
To schedule a consultation with a member of our family law team to discuss a prenuptial agreement, please contact our experienced team at Kahane Law Office. You can reach us locally in Calgary at 403-225-8810 or toll-free at 1-877-225-8817, or email us directly here.