Even though Canada has a common law system to determine property division when couples divorce, some prefer to rely on their own discretion in such matters. This can be achieved by drafting a domestic contract, or prenuptial agreement, prior to the wedding taking place.
A domestic contract can be very useful, as they can delineate the responsibilities and rights of both spouses during the marriage and also in case of divorce. Although they are not bound by law to do so, Canadian courts generally accede to the wishes of the couple as stated in the prenuptial agreement. But in order for it to be honoured by the court, the prenup must have been properly drafted, must not have been signed by either party under duress and be fair to both parties as much as is possible.
In order for the agreement to be considered fair to both parties, each spouse should be represented by separate counsel during the drafting and signing of the prenup.
If you are getting married and don’t want any future decisions that affect you and your children to be decided by the courts in the event of a divorce, you may be an ideal candidate for a domestic contract.
At our law firm, we understand that not all people fit into cookie cutter roles, and that what is right for most will not be just for all. We will work with you and your fiance’s lawyer to devise the perfect prenuptial agreement that includes all salient points you wish to reference in the legal document.
To learn more how we can assist you in this and other matters, visit our website.