Dos And Don’ts of a Marriage Contract

It is not surprising that there is a negative implication associated with prenuptial agreements which stops many couples from talking about the legal advantages of premarital contracts. Many legal professionals believe that these agreements are crucial because they can address possible issues like financial planning, debts, property division and interfaith disputes in the event of divorce or death. Prenuptial agreements assist in three major areas. First, it opens up all those areas of communication before the marriage even takes place. Where the ability to communicate honestly and openly is one of the most essential requirements of having a marriage that lasts, the ability to understand how you communicate about difficult subjects can tell you a lot about your relationship. Second, if you have children from a previous relationship, it lets you keep some assets separate so that you can ensure that they are transferred to your children. Third, if you end up getting a divorce, it helps in making the process easier as it eliminates some of the disputes that can arise when negotiating property division, specifically when it comes to the property that was brought into the marriage.

Nevertheless, it might be challenging to reap these benefits if the prenup is not drafted precisely or does not contain certain legal terminology that is essential to make it harder for your partner to argue later that the agreement is not be legitimate. Discussing the terms and do’s and don’ts of your prenuptial agreement with an experienced Montreal family lawyer can help you in preparing for the financial and legal connotations of marriage.

Do’s Of a Marriage Contract

Marriage usually changes your personal property, real estate and financial rights. As a result, a lot of couples getting into a marriage use prenuptial agreements to enhance, modify or nullify many of the default legal connotations of marriage. Antenuptial settlement contracts generally allow couples to retain the benefits of marriage while developing legal relationships that work as per their lifestyles after the date of their marriage. You can focus on any or all the following topics in a marital contract.

● Default titles and legal ownership of businesses, homes or any other investments.

● Mutual life estates, trusts, life insurance policies, wills, and healthcare proxies.

● Property allocation and spousal support upon divorce or demise.

● Financial protection for children from a prior relationship

● Particular child-related matters like interfaith rearing agreements.

● Responsibility and ownership for assets and debts.

● Other conflicts including personal obligations and similar rights.

Individuals with children from prior relationships, who have a high net worth, already have trust funds formed, or have property in their names individually or with another individual who is not their future spouse must definitely discuss forming a prenuptial contract with one of the Montreal family lawyers as individuals in these particular circumstances tend to benefit fairly from these agreements.

Don’ts Of a Marriage Contract

It is essential not to include any provisions associated with child custody and support in a prenup. Only the courts can mandate legal custody and visitation orders after verifying the best interests of the child. Couples may draw up parental responsibility plans with visitation, proposed custody, support agreements and child-rearing when they are separating, but parents must not add these terms in a prenuptial agreement. The courts do not even consider the terms associated with child custody within a prenup and may, in some situations, causing the court to negate the entire contract altogether.

One of the most common and biggest mistakes that inexperienced family lawyers make is assuming that prenups follow traditional contract law. They do not, and couples must carry out prenup settlements in consideration of state domestic relations law.

Te most detailed and properly executed marriage contracts in Quebec are carried out at Spunt & Carin. If you are looking for experienced and talented family lawyers in Canada, then you must get in touch with our team of highly skilled family lawyers who will make sure to draft and execute your prenuptial agreement without leaving out any detail.