Prenuptial Agreement Sample

Marriage contract prenuptial agreement forms |: Introduction ...

Please note that the information provided herein is not legal advice and is provided for educational and informational purposes only. If you need legal advice with respect to achieving a prenuptial agreement, you should seek professional help (for example, make a post on Dynamic Advocates). We are Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help. We will soon offer our prenuptial agreements legal forms Guides + video section. You can contact me directly if you need counsel.

This is the first in a series of posts, I am writing about premarital or prenuptial agreements for Ontario.

What a marriage contract?
A "prenuptial agreement" is a written contract between two people who intend to marry. This agreement differs from a cohabitation agreement because the parties do not necessarily live together (ie, living together in a conjugal relationship). A contract of marriage refers to the fact that it is made before the marriage. During the marriage, however, couples can enter into a similar contract that is called a "marriage contract ". The name does not matter: it is just important to realize that they can be made either before or during marriage . These agreements concern the parties' respective rights and obligations during and after their marriage (or death) and can deal with things like property or property division, support obligations, the right to direct the education and moral training of children, and any other matters concerning the settlement of their affairs (Article 53 of the Family Law Act of Ontario). It is important, a prenuptial agreement can not say who will have custody, or Access to children if the relationship ends. In addition, a contract of marriage does not prevent a spouse to be in possession of the matrimonial home - regardless of who owns it! Finally worth noting is that the marriage contract has need not deal with all the rights and obligations concerning the relationship: it can involve an asset (eg a house) or an obligation (eg supporting a party to the termination).

When are they used?
Prenuptial Agreements are used by couples who are not necessarily living together but who intend to marry. These agreements are used by parties who want the certainty, predictability and control over their financial affairs if the rupture. There are a number of reasons why a couple or individual may require spouses to have a marriage contract. First, a spouse who is richer than the other spouse may want to avoid having to share their wealth increased if and when the marriage breakdown. With a prenuptial agreement, certain assets - such as pensions, property, etc. - can be kept away from the other spouse, if this happens. Second, a prenuptial agreement can be used to make special arrangements for the particular property in which one or both spouses have an interest. These assets can include business interests (eg, partnerships, corporations, etc..) The