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Independent legal advice gives you clarity and confidence, and our team ensures you fully understand your rights before signing any agreement.
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Prenup & Marriage Contracts
Prenups and marriage contracts offer peace of mind, and our team helps you create clear, fair agreements that protect your future.
Introduction
A prenuptial agreement (prenup) and a marriage contract are legally binding agreements that outline how a couple’s assets, finances, and responsibilities will be handled during the marriage and in the event of separation or divorce.
While these terms are often used interchangeably, there is a distinction:
Both contracts serve to protect each party’s financial interests, clarify rights and obligations, and help prevent future disputes. A well-drafted agreement provides peace of mind by ensuring both partners understand their financial expectations and responsibilities. We can help.
Why consider a prenup or marriage contract?
A prenuptial agreement or marriage contract can be beneficial for any couple, regardless of financial status.
Common reasons to consider one include:
By addressing these matters in advance, couples can avoid stress, conflict, and uncertainty in the future.
What can be included in a prenup or marriage contract?
Prenuptial agreements and marriage contracts can cover a wide range of financial matters.
This CAN include:
What cannot be included in a prenup or marriage contract?
While prenups and marriage contracts allow for financial arrangements and cover a wide range of financial matters, there are certain things they cannot include.
This CANNOT include:
Ensuring fairness and legal compliance is essential for a prenuptial agreement or marriage contract to be enforceable in court.
The Process
At Galbraith Family Law, we make the process clear and straightforward.
Here’s how it works:
1
Consultation with a Family Lawyer
Schedule a consultation with one of our experienced Ontario Family Law Lawyers to discuss your financial situation and goals.
2
Full Financial Disclosure
Both partners must fully disclose their income, assets, debts, and liabilities to ensure transparency and fairness. Your contract is only as strong as the completeness of your disclosure.
3
Drafting the Agreement
We will draft a customized prenup or marriage contract tailored to your unique situation, ensuring it meets Ontario’s legal requirements.
4
Independent Legal Advice (ILA)
Each party must obtain independent legal advice to confirm they fully understand the agreement and the ramifications of the agreement before signing. This step is crucial for ensuring enforceability.
5
Signing & Finalizing
Once both parties agree, the contract is signed in the presence of witnesses. The agreement then becomes legally binding.
This process ensures fairness, enforceability, and legal protection for both partners.
Common Misconceptions
Here are some common misconceptions about prenups and marriage contracts:
Confident in their professionalism and support from the very beginning
First off, I was very impressed with Galbraith’s online persona/presence. Speaking over the phone, again I was impressed with the warmth and clarity of communications. While my separation agreement is yet to be actually started, the quality of my early exchanges with Galbraith have been such that I feel confident in their professionalism and flexibility, and have every expectation of a satisfactory outcome.
Katherine Ellis
Questions?
Contact us
At Galbraith Family Law, we have years of experience helping individuals and families navigate complex legal matters with clarity and support. Whether you're facing divorce, separation, or other family issues, our experienced team is here to guide you.
We proudly serve clients in Barrie, Newmarket, Oakville, and St. Catharines, Ontario.
