Thinking of a prenup? If so, getting a lawyer for your prenuptial agreement is a must. Regina Prenup Lawyers is here to help you in this regard. From preparing the agreements to reviewing them and from submitting them to the court to getting approval, our lawyers can help you throughout the process.
We have experienced prenup lawyers who can make things smoother and simpler. So you can create a fair prenuptial agreement, protecting all your assets and rights.
What Does a Lawyer for a Prenuptial Agreement Do?
A prenup lawyer handles all the drafts and reviews the prenuptial contract. A prenup document contains every crucial information outlining each spouse’s financial issues and rights in case of an uncontested divorce. Besides, the lawyer can represent the case in court if the prenup gets challenged during the divorce phase.
What a Prenuptial Agreement Covers?
A prenuptial agreement is a mutual contract between spouses that addresses future property division and spousal maintenance. This may even protect certain non-martial or inherited assets from becoming marital assets at any time during the relationship.
However, these contracts don’t include child custody or child support as they are too early to make such crucial decisions regarding the betterment of the child.
Again a prenup cannot be one-sided or too partial towards one spouse. It is supposed to be fair, reserving both spouses’ rights. The court denies an unfair prenup and states it as a null contract.
Who Needs a Prenuptial Agreement?
Almost every couple can benefit themselves by entering into a prenup. However, there are some particular situations where they are highly recommended to do so.
They include the following:
- Have a child from your previous relationship.
- Have any personal properties or belongings you bring into the marriage.
- You are either an author, musician, programmer, or creative person who might one day own intellectual assets generating royalties or license fees.
- Run a very successful company.
- Have recently received a large sum of money as an inheritance.
- If the marriage fails, you don’t want to be held responsible for your partner’s premarital debts.
A prenup protects you and your property by making things simple during a divorce. At the same time, it plays a vital role and secures all your wealth and possessions in the sudden death of your spouse. Plus, they protect the belongings you purchase from becoming your partner’s property.
What Makes a Prenup Invalid?
Four things can invalidate your prenuptial contract, despite maintaining all the other essential criteria.
They are the following:
- The first is if any parties fail to make a full and relevant financial disclosure. Failure to do so will ultimately result in the null of the contract, as this will indicate that the prenuptial contract was signed unjustly.
- The second is if the prenup was signed under any threat or compulsion. For instance, social pressure from the spouse or their family. That’s why it is always wise to sign the contract by keeping at least 6-9 months in hand before the marriage.
- The third is if the prenup was unfair or partial towards one party. After a divorce, the court’s ultimate goal is to ensure both parties are treated equally and unjustly. Hence, the court always checks whether all the clauses are made fairly or not. If such things happen, it will result in an invalid prenup.
- The fourth is if the prenuptial agreements contain any unlawful or invalid terms and conditions, such as child support or custody. You are not allowed to include clauses like forcing them to fulfill any sexual commitment, punishing infidelity, or requiring them to maintain a particular attire in front of you.
All these things are crucial, and failure to maintain the above criteria might make it invalid. Therefore, make sure to do it under the guidance of an experienced lawyer to avoid future hassles.
Is a Prenup Void After 10 Years?
No. However, you must review them once every 10 years to ensure everything is still legitimate and relevant to your current situation. If you want, you can update the prenuptial contract based on your present condition.
Making the required changes is a must and is always beneficial. An outdated prenup will not be able to protect you or help you speed up the court’s legal works and procedures in the event of a divorce.
Should I Be Offended by a Prenup?
Of course not!
You should feel grateful that your partner is all ready and prepared to protect you by all means. However, before signing up, you should always check for all the clauses included within the prenuptial agreements. And for any kind of unjust or one-sided terms and conditions, you can discuss them with your partner.
The best is to hire a lawyer and negotiate for fair conditions as they have vast knowledge about the legal work and how things work in this area.
Prenup agreements are significantly less expensive than contested divorces as they are made while both spouses are on good terms and have their mutual consent. Therefore, consider it a great opportunity to defend yourself and your loved one. By entering into a prenuptial agreement, you are more likely to gain things than lose.
Do I Need a Lawyer for a Prenup?
There are several myths about a lawyer’s ability regarding prenup. In reality, this contract protects those assets and properties you want to protect during a divorce. Therefore, if you have similar concerns, a prenuptial agreement is what you require.
They can help you split up all the assets and reduce your responsibility in divorce. Furthermore, they can make the divorce procedure much simpler and hassle-free.
Since the prenuptial agreement is legally binding, making it under the guidance of an experienced lawyer is always recommended. A lawyer knows all the legal terms and how things work.
Besides, taking their help ensures you are on the right track. A lawyer will do everything from drafting the papers to reviewing the contract.
Hence, if you consider getting a prenup before marriage, talk with an experienced lawyer. So they can prepare an error-free and fair document, protecting you and your partner’s interests and rights during a separation.
Get Help with Your Prenup Today!
We have a team of experienced prenup lawyers who can help you. Our experts know the exact strategy to solve the situation.
For any issues, you can either call us at (306) 791-2189 or drop an email at contact@reginadivorcelawyer.ca We will get back to you as soon as possible.
Frequently Asked Questions
Have a look at the most frequently asked questions to clarify the topic:
Do you need a lawyer for a prenup in Canada?
You might not require a lawyer to draft a prenup, but you require legal counsel before the signing. Both parties must sign the contract in the presence of their lawyer. Failing to do so can ultimately result in an invalid prenuptial agreement.
Do you have to split the money with a prenup?
Well, the answer is YES. Typically, a prenuptial agreement distributes the properties, wealth, and debt. However, they can also include several lifestyle terms and conditions in most cases.
Does cheating void a prenup?
Any kind of spousal abuse or cheating doesn’t invalidate a prenup unless it has a clause, particularly stating this condition. A prenup usually doesn’t mention anything about the abuse or infidelity, but there is always room to add.
What voids a prenuptial agreement?
There are several conditions where a prenup can get null. Such as if one partner lies, commits fraud, misrepresents a fact, or makes false promises in the agreement.
Are marriages with prenups more successful?
According to some research, marriages with prenups strengthen the bond as these contracts offer a sense of certainty regarding what might happen in case of a divorce or the sudden demise of one party.
Is divorce easier with a prenup?
Having a prenup can serve in both ways. That is, this agreement can make things easier or complicate your divorce. But, if you have a prenup in hand, you don’t have to worry about negotiating the property division or any other vital issues included in the prenup.
