Calgary Family Lawyers Creating Pre-Nuptial, Post-Nuptial & Cohabitation Agreements
When it comes to protecting yourself and your assets in a relationship, it is essential to have an enforceable, written agreement with your partner should the relationship breakdown. At DBB Law, our trusted family lawyers draft comprehensive, detailed agreements setting out our clients’ rights and obligations after a separation or divorce. We also review and advise on existing pre-nuptial, post-nuptial and cohabitation agreements prepared by other lawyers.
Pre-nuptial, post-nuptial and cohabitation agreements are written contracts signed by both parties, setting out each party’s rights, obligations and responsibilities if the marriage or common-law/adult interdependent partnership breaks down. As these agreements often provide for the specific distribution of property and debt if the parties separate, the parties must exchange full and honest financial disclosure before the contract is signed.
Pre-Nuptial, Post-Nuptial & Cohabitation Agreements
The three primary types of domestic contracts in Alberta are pre-nuptial agreements, post-nuptial agreements, and cohabitation agreements.
- Pre-nuptial agreements are contracts between two parties who plan to get married. These agreements are signed before the parties’ marriage and become enforceable after the marriage has occurred.
- Post-nuptial agreements are drafted for parties who did not enter into a pre-nuptial agreement (or want to change their prenup) before their marriage but want to ensure measures are in place to avoid legal disputes, should they separate.
- Cohabitation agreements are usually prepared for a couple who is living together but are not married. In many cases, cohabitation agreements are used by parties who intend to live as common-law/adult interdependent partners without being legally married.
The above types of contracts are a proactive, responsible measure to ensure each party is protected in the event of separation. This planning helps spouses/adult interdependent partners protect the assets they entered the relationship with and can minimize their exposure to their partner’s debts if the relationship ends. Support and other issues are also addressed if appropriate.
A party cannot force or threaten the other party to sign an agreement. However, there can be substantial consequences when parties separate without an agreement in place. A proactive agreement can help to reduce conflict and resolve issues before they are exacerbated by the emotional strain of a separation or divorce.
If a couple separates and does not have an agreement in place, issues relating to property division, debt, support, and parenting arrangements can become complicated and often require court intervention. To help avoid unnecessary litigation, it is recommended that parties ensure that mechanisms are in place to protect themselves and their assets.
DBB Law in Calgary Drafts, Reviews & Provides Top-Tier Advice on Pre-Nuptial, Post-Nuptial, and Cohabitation Agreements
Proactive, careful planning can significantly impact the outcome of a separation and reduce conflict and misunderstandings. Whether you need assistance drafting an agreement or require an independent document review, the skilled family lawyers at DBB Law in Calgary are prepared to help. We provide clients with efficient and comprehensive advice regarding the obligations and consequences of any type of domestic contract. We create personalized solutions to ensure clients’ rights are protected and their family’s needs are secured.
While the agreements between you and your partner may seem straightforward, it is vital to obtain legal advice to ensure the contract is drafted correctly and is enforceable. To consult a skilled, knowledgeable family lawyer for guidance on your agreement, please contact us online or call 403-265-7777.