Marriage Contract Lawyers

Few people at the beginning of a relationship want to think about the possibility that it may end. Doing so may seem somewhat cynical, almost "planning for failure." However, with half of all marriages ending in divorce, we consider it wise and prudent to be realistic and talk about issues of separation at the beginning of a relationship, when both sides are able to be reasonable and fair to one another.

Especially if either of you has children from a previous marriage, or significant business or family assets, a contract is a wise investment in your future.

Preparing your own prenuptial or postnuptial agreement is not advisable. Not only are most people unfamiliar with all the issues that may come up during a divorce or separation; many of our clients are unaware that there are many issues that cannot be decided in a marriage contract.

 

INSURANCE FOR THE FUTURE

Our Toronto marriage contract lawyers will help you draft a valid, enforceable contract. We will also explain various features of a marriage contract such as:

  • Division of property and limitations, such as restrictions on decisions regarding the marital home
  • Waivers of spousal support
  • Limitations on deciding child custody and child support
  • Possible clauses that may not be enforceable, such as waivers of spousal support if a spouse becomes incapacitated
  • Division of complex business assets
  • The importance of full financial disclosure
  • Risks and consequences of each clause
  • The importance of Independent Legal Advice for both partners before signing the contract

 

CONTACT MACDONALD & PARTNERS LLP

To learn more about marriage contracts or to receive Independent Legal Advice regarding a contract, call us at 416-971-4802 or send us an email to set up an appointment in our downtown or North York office.