Are you looking for an affordable family lawyer to create a post-marriage agreement? The postnup 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.)
If you want to speak to a lawyer, fill out the form on the side of this page. You can also book a time below. We have lawyers all over BC and 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 spouses 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.
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?
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
There are other things that 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’re safeguarding, attorney’s experience and reputation, and the length of time the negotiations will take.
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.
In conclusion, you can learn more about postnup contracts on our Youtube.
Author: Alistair Vigier is the CEO of ClearWay Law