A “Prenuptial Agreement” or “Marriage Agreement” is a written contract between two parties that addresses how matters such as division of family home, debts, and pensions, etc. are to be dealt with when parties separate or are divorced. A Prenuptial Agreement is generally used to refer to agreements that are made prior to couples marrying while Marriage Agreement could be used to refer to agreements that are made before or during the marriage.

A marriage agreement specifies how family property, such as real estate, and other possessions, such as household items and furnishings, are to be divided upon separation. How debts will be divided upon termination of the relationship is also detailed in a marriage agreement. Some couples may even choose to add clauses that detail how matters are handled during the marriage: for example, who the responsible party will be for the upkeep of the family residence and how utility bills (heating costs, electricity charges, etc.) are to be split between the parties. Whether a party will receive spousal support or “alimony” is also addressed in a marriage agreement.

How to Write a Prenuptial Agreement:

A major part of writing a prenuptial agreement is providing and sharing relevant information with each other. This includes sharing information about your financial accounts, assets and debts with your partner and which information is also written in the marriage agreement. If one of you does not provide full and true information to your spouse, the other spouse, upon separation, could challenge the agreement in court to get the family property and debt divided according to the law at that time.  Therefore, it is best for both parties to disclose all relevant information for the agreement so that matters may be handled according to your marriage agreement, instead of the applicable law at that time.

You should also discuss and write down your agreement about spousal support, division of property and debts, and other matters discussed above. After the agreement is made, both of you should retain different lawyers to get independent legal advice to ensure your legal rights are protected.

If you are confused about where to start and how to write an agreement, you should speak to a lawyer.

Why choose us to write your family agreement?

We have expertise in drafting all types of Family Law Agreements such as Marriage Contracts, Prenuptial Agreements, Cohabitation Agreements and Separation Agreements. We will do this in a cost effective manner while providing high quality professional service. Just give us a call at 604-449-7779 to schedule an appointment so we can be of assistance.