Different Alberta Family Law Agreements
Family Law Agreements
Family law agreement lawyers help protect people before, during and after a relationship is permanent. These agreements are also called marital law agreements or marriage contracts. This would include cohabitation agreements, prenuptial agreements, post-nuptial agreements, separation agreements, settlement agreements, or property, parenting, and support agreement. Whatever the name, if it deals with any of the issues of property, parenting, child support, spousal support, or property, then it is a family law agreement. The lawyers at Kahane Law Office in Calgary, Alberta and Edmonton, Alberta, have experience with a variety of family law agreements and can help you understand your rights and obligations to better protect you. Call today for the family law agreement help you need: 403-225-8810 (Calgary) or 780-571-8463 (Edmonton).
Understanding Different Types of Family Law Agreements
Cohabitation Agreements
Cohabitation agreements are agreements that set out the roles, rights and responsibilities of each person in the relationship. This agreement allows the couple to determine their own rules about what property belongs to who. The couple may also choose to determine the issue of partner support in the event of a relationship breakdown. This creates certainty about property and support. This agreement is best for people who plan to live together (or are already living together), but do not necessarily plan on getting married. These agreements reduce costs, stress, and litigation by creating clarity and certainty about these issues that people most often fight about if the relationship breaks down. Both parties decide what they want included and the terms. Learn about Cohabitation Agreements Here.
Prenuptial Agreements
A prenuptial agreement is similar to a cohabitation agreement but for couples who plan to marry. These are often the first type of family law agreement that people think about. Prenuptial refers to the fact that couples enter into the agreement prior to their marriage, but with the intention to marry. If the agreement is not specifically a prenuptial agreement, it will end when the couple marries. Many of the terms are similar to those in cohabitation agreements, and often people will use either term interchangeably to describe the same agreement. Learn about Prenuptial Agreements Here.
Post-nuptial Agreements (or Marriage Contract)
A post-nuptial agreement, or marriage contract, is very similar to a cohabitation agreement or prenuptial agreement in that they often all deal with the same issues. The main difference is that the couple enters into this agreement after they are already married. A marriage contract is just as binding as a cohabitation or prenuptial agreement. Learn more about Post-Nuptial Agreements here.
Separation Agreements
A separation agreement on the other hand, is an agreement that a couple makes after there is a breakdown of the relationship. It usually will deal with the issues of property, spousal or partner support, and where there are children, parenting, decision making authority, and child support as well. Sometimes these agreements are even needed for mortgage qualification. Learn more about Separation Agreements here.
Family Law Agreement Services Available
Fully understanding rights, responsibilities and available options, best protects our clients. The range of services offered by our firm is wide. For example, our family law lawyers assist you with the following aspects of family law agreements in Alberta:
Consultations
Simple consultations review a clients specific situation. We go over your specifics, let you know your legal position and risks and allow you to ask all the questions that you have. We bill these appointments on a flat rate or hourly basis. In addition, you have no further financial obligations or retainers to the firm. They allow you to decide the best way for you to move forward.
Negotiating legal agreement terms
Kahane Law Office can act for you in negotiating to terms of your family law agreement. You must know your rights and responsibilities in order to effectively negotiate these terms. Our lawyers explain your rights and responsibilities and help you figure out the best and most reasonable negotiation strategy for you and your situation. When negotiating for you, we work with you and your partner’s lawyer to determine the terms of the agreement. We do not create a legal “fight”, instead we work together to create the end result. We know that being aggressive rarely results in an agreement and usually leads to litigation. Sometimes litigation is the best option, but when negotiating, usually aggressive behaviour hinders the process.
Drafting family law agreements
Negotiated terms are only good if the written agreement reflects those terms, is clear and easy to understand, and most importantly, is legally binding. We make sure that your terms are properly documented in the final agreement. Using correct language makes all the difference when it comes to enforceability of an agreement, especially with family law contracts.
Reviewing matrimonial related agreements
When another party prepares an agreement and asks you to sign it, it is important for you to be sure that understand it and the legal implications that flow from it. These agreements both give and take away legal rights and obligations that often severely impact people in relationships. Consequently, making sure that it accurately reflects the negotiated and agreed to terms is of critical importance.
Independent Legal Advice For Family Law
Lastly, for many family law related agreements to be binding under Alberta Law, you need independent legal advice. Independent legal advice is where a lawyer fully explains the agreement you are going to sign. It makes sure that there are no surprises and that you agree to the actual terms. Lastly, it ensures that a party is not being forced into signing an agreement as independent legal advice has to occur without the presence of the other party.
Family & Matrimonial Law Agreement Lawyers In Calgary
The Lawyers at Kahane Law Office help with all of your family law agreement legal needs. These legally binding contracts have very long term financial implications. Consequently, proper legal advice from a qualified lawyer is a must. In short, it is better to understand potential family law issues before they come up. CONNECT NOW. We can be reached toll-free at 1-877-225-8817, 403-225-8810 locally in Calgary, Alberta, or 780-571-8463 Edmonton, Alberta, or email us directly here for Calgary and here for Edmonton.