Are you looking for an affordable family lawyer to create a post-marriage agreement? The post-nup agreement happens after marriage. A regular marriage agreement happens before you get married.

You are a spouse if you were married to your ex. To be married, you must have had a legal marriage ceremony. This can be either a religious ceremony or a civil one.

You are also considered a spouse if you have lived together with your partner for more than two years (BC) or three years (Ontario.)

We also have lawyers that can write post-marriage contracts for anyone in Canada (doesn’t matter which province.) The lawyers will communicate with you via video conferencing and email. That way you never need to go into a law firm!

Post Marriage Agreement

Common law isn’t a legal term in Canada. You are either a spouse, or you are not. You must be a spouse in order to get spousal support. If you and your partner have a child, you are automatically considered a spouse if you lived together during any period of time. It is not necessary to have lived together for more than two years.

The Family Law Act and the Divorce Act both use the word “spouse.” It’s important to know your plans when deciding between a marriage agreement or a common-law agreement.

Most people agree that the assets and debt they brought into the marriage will remain theirs if they divorce. Most of the negotiation is around what happens to the assets and debt during the marriage.

Family lawyers can help you put together an agreement that makes sense for both spouses. You want to make sure the agreement is legally binding.

Marital Agreements

The agreement can include provisions such as who will get the properties if the couple splits up. Also, will one side buy out the other spouse? Or will they list the properties and split the money? Will either side need to pay the other spousal support? For pensions, will both people share their pensions or keep their own?

Family law is complex, so it’s best to get help from a law firm. If you don’t get a post-marriage agreement done, you might have to one day create a separation agreement.

The separation agreement is often more complex because the relationship between the parties has already fallen apart. You do not want to have a court battle over marital assets. That can be very expensive.

What About Financial Support?

When doing a post-marriage agreement, it’s important to think about financial support. Most people only care about protecting assets. Both parents must support their children. When you get married, have children, and break up, the child must be taken care of.

Child support normally lasts until the child turns nineteen but can go on longer. Examples of this are university and if the child is disabled.

Spousal support plans should also be in the marriage agreement. It can last for a period or be a lump sum payment. Spousal support is when one spouse pays the other spouse. There are guidelines to figure out how much you will pay/get paid, but lawyers use advanced software. It’s best to set up a meeting with a top family lawyer.

In the event of a divorce, you want to make sure everything was pre-agreed. You can also include in a postnup what will happen if a spouse dies. Will their assets go to their spouse or their child? In that way, a postnup and the last will and testament can go hand in hand.

Post Marriage Agreement

Other things can go into an agreement, they include but are not limited to property or debts, division of property, child support, and dividing property.

How much does it usually cost to get a post-marriage agreement? Generally, these agreements cost around $2,500 but can cost greater if you spend more time lobbying on several issues you need to negotiate with.

The cost of a postnup may vary on several factors like matter location, what you’ve safeguarding, the attorney’s experience and reputation, and the length of time the negotiations will take.

Are postnuptial agreements legally binding?

Postnuptial agreements are contracts between married couples that determine how their assets will be divided in the event of a divorce or separation. Just like prenuptial agreements, postnuptial agreements are legally binding and are recognized by courts in many jurisdictions.

For a postnuptial agreement to be considered legally binding, certain requirements must be met. Both parties must agree voluntarily and without coercion, and they must fully disclose their financial assets and liabilities. The agreement must also be fair and reasonable, and it cannot violate any laws or public policy.

If a court determines that a postnuptial agreement is valid and enforceable, it will be upheld in the event of a divorce or separation.

The terms of the agreement will dictate how the couple’s assets are divided, and the court will typically defer to the agreement as long as it meets the legal requirements.

American Academy of Matrimonial Lawyers

However, postnuptial agreements are not suitable for all couples. They can be sensitive issues and may be perceived as a lack of trust in the marriage.

According to a study by the American Academy of Matrimonial Lawyers, 63% of family law attorneys reported an increase in postnuptial agreements in recent years. This suggests that more couples are choosing to create postnuptial agreements as a way to protect their assets and financial future.

If you are considering a postnuptial agreement, it’s important to work with an experienced family law attorney to ensure that the agreement is properly drafted and legally enforceable. A skilled attorney can guide you through the process and help you understand your legal rights and obligations.

What Cannot be included in a postnuptial agreement?

Postnuptial agreements can be a useful tool for couples to protect their assets and financial future. However, there are some limitations on what can be included in these agreements.

Postnuptial agreements cannot determine child custody or child support arrangements. These matters are typically determined by the court based on the best interests of the child.

Postnuptial agreements cannot include provisions that require one or both parties to engage in illegal activities or violate any laws. This means that agreements cannot be used to enforce illegal or unethical behaviour.

These agreements cannot include provisions related to personal matters, such as household chores, frequency of intimacy, or weight gain. These matters are generally considered to be outside the scope of a legal agreement.

Post Marriage Agreement

The agreements cannot waive a spouse’s right to spousal support in certain situations, such as if the waiver would leave the spouse without adequate financial resources. This is to ensure that both parties are protected in the event of a divorce.

These contracts cannot include provisions that are unconscionable or grossly unfair to one party. Courts will generally not enforce agreements that are deemed to be overly one-sided or that leave one party in a significantly worse financial position.

Postnuptial agreements can be a valuable tool for protecting your assets and ensuring your financial future. However, it’s important to work with an experienced attorney to ensure that your agreement complies with all legal requirements and limitations.

According to a survey by the American Academy of Matrimonial Lawyers, 51% of attorneys reported an increase in postnuptial agreements in recent years, indicating that more couples are considering this option to protect their financial interests.

Independent Legal Advice

Will you inherit the debt from your partner when you marry? You are not responsible in community property states for most of the debt incurred by your partner before marriage.

The IRS, however, says debt assumed by either spouse after the marriage is automatically a joint debt. Even if your partner just opens a credit line in their name, you could still be responsible for that debt.

You can also include child custody and child support in the agreement. However, the judge will have to agree with what you have decided. The court must approve anything for children.

Both parties will have to receive independent legal advice for marital agreements to be legally binding. In the event of a divorce, you don’t want the agreement to be thrown out.

Find a Local Lawyer

Contact us

Post-Marriage Agreement Contract: Protect Your Assets