Marriage Agreement Sample
Are you looking for a marriage agreement sample? Once Clearway Lite is ready, you will be able to download one here. Ever since we were children, we’ve been fed, and even force fed the notion that marriage is something that is along the lines of “till death do us apart”.
And while that sounds lovely in Hollywood movies, the reality is starkly different. Did you know that roughly 4 out of 10 marriages in Canada end up in divorce? That means that for any given Canadian couple, their chances of failing at having a happy marriage are an astounding 40%!!
If you are looking to have a marriage agreement professionally created by a family attorney, click here.
The odds are already stacked against you. What makes the notion of divorce even worse, is the way people treat this phenomenon. They treat it as if it is a disease that’s better left unacknowledged. People are treated as failures if they decide to end their marriages. People with pre-nups (or marriage agreements) are sometimes treated as if the very root of their marriage is based on the notion that it’s bound to fail. That is wrong.
Read more: Financial inequality in marriage
But at the end of the day, if your marriage does fall apart, none of these naysayers are going to be by your side to provide you with support. And what’s going to happen to you if you end up losing a major portion of your finances? This happened simply because you gave into the notion of “but what will people say?” You must be practical when it comes to everything in your life. This includes to making realistic decisions about your marriage. Therefore, we highly recommend you get yourself a marriage agreement. If you honestly cannot afford a lawyer, you can try your best to make do with this template.
But to be direct, many agreement that people make without a lawyer are found to be unenforceable by a judge.
What Is A Marriage Agreement?
A marriage agreement is a pre-nup. Partners sign it before getting married in order to protect their assets. This happens in case their marriage ends up failing. Usually, the person with bigger finances or more assets is the one who initiates this process. Think of it like an insurance policy. It’s wonderful if you never have to use it, but when you do, you are thankful that you had the foresight to get a policy in your name.
Keep in mind that marriage agreements do not include the custody of children as the courts always make the decision around children.
Every territory and province have its own laws for agreements. Therefore, i’s highly recommended that you get an appropriate legal representation. At Clear Way Law, we’re always just a phone call away for any family law need that you may require. Feel free to call us anytime 1-844-466-6529, or drop as an email at info (at) clearwaylaw.com.
To know more about our family law practice, check out our videos.
If you are looking to separate property or looking for child support, speak to an attorney.
Marriage Agreement Sample- It’s better to get a lawyer
Why should I sign a marriage agreement?
The answer to this is simple – if you have more money and assets than your future partner, then it’s wise to protect them. This is truer for those who run their own businesses and gain hefty sums of profits from said businesses, annually. Or, if you are expecting to inherit many assets or a huge sum of money from your family.
Are you marrying for the second time? You will have to think of your children when you’d be signing this agreement. A lack of an agreement could result in your children’s share of finances going to your spouse as well.
Where do I get an agreement? How much will it cost me?
To simply get your agreement reviewed, you are expected to shell out anywhere between $400 and $1150, depending on the law firm. However, the price of creating an agreement from scratch depends greatly on your assets, as well as the amount of revisions it will require before you and your partner are satisfied with the result. Typically, they could easily cost you anywhere between $2500 and $10,000. Our law firm offers cheaper rates than the average below.
You can download a marriage settlement online by yourself and have the freedom of dictating your own terms and conditions. But again, it is not a substitute for getting legal advice from a lawyer.
What will I need to do?
Apart from paying for the form you download online on other websites; you will have to gather every possible piece of information on your partner. Ask them for their financial details, their assets as well as their liabilities. Also ask them if they have any debts to pay off.
Ensure that all these details are outlined in your marriage agreement. The agreement will also need to be signed in the presence of at least one witness.
Know that your agreement will be subject to judicial reviews. The judge in charge of your case can overwrite its terms as they deem fit. You and your partner can do that yourselves as well, once you’ve mutually decided on what it is that you need to be changed about your agreement.
Do I need to know anything else?
When you’re drawing your agreement, ensure that it’s fair for both sides. Contracts that are unfair result in a lot of resentment and animosity. This will undoubtedly act as the fuel to the fire that will set your marriage to ashes. Also know that unfair contracts attract litigation, and that is one thing you don’t want to deal with.
If you are looking for a marriage agreement sample, you can download for numerous websites. Normally, you will want one done by a family lawyer. If you need a lawyer, please reach out to us via the live chat function in the bottom right of the screen.
If you are looking for a law firm, ClearWay Law can help with:
- spousal support
- family law
- dealing with shared property
- how to divide property
- making decisions around the matrimonial home