Prenuptial Agreement Lawyers in Guelph
Planning for the end of a marriage before it even starts is a daunting task. However, the certainty and security provided by a prenuptial agreement can save significant stress, time, and costs in the event of a breakdown in the relationship.
A prenup can protect you if:
- There are children from a previous relationship;
- Parties are bringing significant assets into a marriage;
- Parties own property jointly with family members;
- There is a significant income difference between two parties;
- Parties are starting from scratch and want to plan for the future, just in case.
Having a prenuptial agreement provides a framework for a more amicable, less stressful separation process in the event of the worst.
MFC Lawyers will create a bespoke prenuptial agreement outlining the division of assets, liabilities, and support in the event of separation or divorce.
We will ensure that you are well-protected to move forward confidently as newlyweds.
— Fatima Q.
"Jennifer Eensild and her team were a pleasure to work with. Would highly recommend her to handle your family law matters! Thanks to her I was able to relax and just let her take the driver's seat in resolving all my issues!"
What Is a Prenuptial Agreement?
Also known as a prenup or marriage contract, a prenuptial agreement is a legal document – a contract – agreed upon by two parties. It is signed before marriage and outlines each person’s rights and responsibilities to assets in debts in the event of a separation.
Prenups provide a clear understanding of the financial aspects of a marriage. They provide a framework for separation to help prevent disputes and protect the interests of each party.
What Should a Prenuptial Agreement Include?
MFC Lawyers will draft a comprehensive prenup that covers the essential aspects of a separation, such as:
- Determination of each party’s assets and debts upon entering the marriage;
- How marital assets will be divided;
- Keeping individual assets independent from the separation process;
- Amounts and duration of spousal support, ensuring that both parties are fairly provided for after a divorce;
- Allocation of pre-existing debt;
- Safeguarding of inheritance rights and financial interests of children from previous marriages or adult children.
What Should Not Be Included in a Prenuptial Agreement?
Certain provisions should not be included in a prenup as they are not enforceable by the Court. These provisions include:
- Child support and parenting plans for any children of the relationship;
- Provisions that are unfair or inequitable;
- Incentives for Divorce
- Provisions with respect to personal matters, such as re-partnering of either party.
Our prenup lawyers will work to ensure that your prenup is properly drafted, fair, and legally enforceable. MFC Lawyers will ensure that you embark on marriage with a strong, secure, confident foundation.
FAQs About Prenuptial Agreements
Click to read answers to some of our most frequently asked questions about prenuptial agreements.
Yes. In Ontario, properly drafted, legal, prenuptial agreements can be enforced in Court pursuant to the Family Law Act in Ontario.
Prenuptial agreements allow the parties to choose how to navigate a breakdown in their relationship or dissolution of their marriage. This type of contract can safeguard both assets or separate property owned prior to marriage and brought into the relationship as well as property and assets accrued during the marriage.
Having a prenup ensures that as property or assets increase in value, that value remains exclusive to the individual and is not shared with a spouse.
Proper legal advice is important when preparing or signing a prenup. When each party obtains independent legal advice, the Court can be sure that they fully understand their rights and obligations upon separation. This helps ensure that your document will be enforceable in Court if necessary.