In your case, you can use post-marital contracts, which are becoming more and more common. Marriage contracts in Canada are governed by provincial legislation. Every province and territory in Canada recognizes marriage contracts. For example, in Ontario, marriage contracts are called prenuptial agreements and are recognized by section 52 of the Family Law Act.  If this important conversation is not handled properly, it can spoil the romance and cause a bitter argument. You need to know what you`re talking about before you even start. Put yourself in your partner`s shoes: Imagine you`re sitting with coffee and a newspaper when your fiancé suddenly says, ”You know, I think I want you to sign a prenuptial agreement. What would go through your head? Laws differ between the two states and countries both in the content they may contain and in the conditions and circumstances under which a prenuptial agreement may be declared unenforceable, para. B example an agreement signed under fraud, coercion or without adequate disclosure of assets.
It is important to understand that prenup is not exclusively about a relationship breakdown. The contract can also detail how certain assets will be treated or even what roles and responsibilities each spouse will have during the life of the relationship. For example, a partner may have an asset that requires an annual investment of money to support it. The couple could agree that the asset is exempt from their co-ownership as long as the annual costs come from that partner`s income. The marriage contract can also work as part of a will, as it discusses how to deal with property. Like millions of other people, I`ve been a big fan of Seinfeld and the crazy situations Jerry, George, Elaine and Kramer have found themselves in over the years. One of my favorite episodes is the one in which Kramer convinces George that a surefire way to end his engagement to Susan is, in a nutshell, ”Prenup!” George rushes to his apartment and tells Susan that he wants a marriage contract. Your reaction? She bursts out laughing.
”Prenup?” she said. ”You have nothing!” She walks away, laughs again and agrees to sign whatever he wants. George sits there wondering what happened to his smart plan. In most States, until the 1980s, marriage contracts were considered contrary to public policy and invalid insofar as they concerned divorce or separation. They were considered contrary to public order because they were believed to encourage divorce and allow the husband to thwart his legal obligation to provide for his wife. Previously, they were valid insofar as they related to the death of a spouse. A prenuptial agreement is valid until you and your spouse agree to change it, unless the contract specifies a date on which it loses its validity. If you and your spouse cannot negotiate the changes, you will need to get help from the court.
Marriage contracts are not just for the rich. They are especially useful in second marriages, where one or both spouses have children from a previous marriage. In the past, couples entered into prenuptial agreements with some uncertainty as to their validity. Today, the presumed validity and applicability of such agreements in states that have adopted upSA/UPMAA, including Florida, Virginia, New Jersey and California are no longer in question.  One of you may give up your career to care for the children and become a stay-at-home parent. If so, it is likely that this person will not acquire new skills for a job, so the prenuptial agreement could give that partner protection so that they get a fair deal for that offer. From time to time, you and your spouse may want to review, revise, and update your marriage contract again. You can also authorize changes in the contract by using the ”Expiration Clauses”.
A sunset clause states that the contract must be revised or lose its validity at some point. Barb has a $250,000 home. Joe moves in after their wedding and they use the house as a marital home. If they divorce, the house is worth $400,000. The court will most likely rule that Barb has given the family a gift, classify Barb`s house as marital property, and share the entire fortune. If Joe and Barb had entered into a marriage contract, they could have agreed that Joe`s IRA – including any appreciation during the marriage – would have remained his separate property and that Barb`s house – including any appreciation – would have remained their separate property. In Canada, we do not have a federal law that deals with marriage contracts or domestic contracts. Provinces and territories have enacted provincial legislation to address the issue of marriage and domestic contracts. A marriage contract is a contract that two parties enter into with a view to marriage.
We can also speak of ”prenuptial agreement”, ”antenmarital agreement” or simply ”prenuptial”; in Canada, it is called a ”marriage contract.” (For more information, see ”Canadian Marriage Contracts” at the bottom of this page.) Mike and Carol are getting married. Mike is a widower and has three sons. Carol is a widow and has three daughters. Both have assets they bring into the marriage, including death benefits they received after the death of their first spouse. Mike and Carol plan to hire lawyers to prepare a prenuptial agreement to ensure that the property they received from their deceased spouses goes to their respective children. A marriage contract in Canada is also known as an antenuptial contract or prenuptial contract and is abbreviated to ”prenup”. If couples sign a written contract before getting married, then it is a marriage contract and if they sign the written contract after their marriage, then it is a marriage contract. Nova Scotia`s Matrimonial Property Act allows for the non-enforcement of a prenuptial agreement if a provision is ”unscrupulous, too harsh on a party, or fraudulent.” Matrimonial Property Act, S.S.N.S. 1989, c. II. 275, § 29. A marriage contract is a written agreement that two members of a couple enter into before getting married.
It determines how property is divided in the event of divorce. Another misconception is that marriage contracts are only for the rich. Yes, many rich people sign marriage contracts, but they do so because it`s a smart decision. Prenuptial agreements can help you protect your property and other assets. A marriage contract, if properly drafted and signed, is legally binding. To get a properly drafted and signed agreement, you need to follow four simple rules: agreements must be written, signed, and attested by the parties. You can deal with a wide range of issues, including ownership or division of property, maintenance obligations, issues of education and ”moral education” of children (but not issues of custody or treatment of children), and ”any other matter”. The law prevents spouses from evading the provisions of the law that protect the rights of each spouse to marital housing.
Therefore, it is always important to have a marriage contract. A good marriage contract lawyer will always advise couples to have a prenuptial agreement in Canada. Read also tip 8. In 2015, the U.S. Supreme Court granted same-sex marriages the same legal basis as opposite-sex marriage, in Obergefell v. Hodges (adopted on 26 June 2015). This effect of the Supreme Court`s decision is that a prenuptial agreement entered into by a same-sex couple in one state is fully enforceable in the event of divorce in another state.  The courts will not enforce a person`s obligation to clean up or have children raised in a particular religion.  In recent years, some couples have included social media provisions in their prenuptial agreements that set out rules for what can be posted on social media during the marriage, as well as in the event that the marriage is dissolved.  It is advisable to think long and hard when drafting a marriage contract and seek independent legal advice.
If you and your future spouse each have their own lawyer to help you in the process, there is a much greater chance that the contract will be enforceable. The purpose of a prenuptial agreement is to reduce uncertainty and avoid adding to the stress of adultery. This can only happen if it is prepared correctly. With regard to financial matters related to divorce, marriage contracts are regularly confirmed and enforced by the courts in virtually all states. There are circumstances in which the courts have refused to apply certain parts/provisions of these agreements. For example, North Dakota`s divorce courts retain jurisdiction to change a restriction on the right to seek spousal support in a prenuptial agreement if doing so would result in the spouse who waived that right needing public assistance at the time of the divorce.  Florida and several other states include similar restrictions to prevent a departing spouse from becoming a ward of the state after a divorce under a prenuptial agreement.  In addition, in Florida, where the inheritance (electoral share) and property rights granted to surviving spouses under state law are so strong, the Prehusbandtal Agreement Act requires that a waiver of the surviving spouse`s rights set out in a marriage contract be enforced with the same formality as a enforceable will (notarized and evidenced by two uninvolved parties). .