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How Does a Prenup Affect Divorce

How Does a Prenup Affect Divorce Featured Image

In no way is divorce appreciated. But if a couple is running a toxic relationship, it is better to end it. Thus, there are many procedures if you cease your marriage by divorce.

Many couples enter into a prenup before getting married. A prenup is made not to encourage divorce. But still, time and future are very unpredictable; you cannot forecast whether you will be divorced or not, even if you have entered into a prenup.

This article will discuss how a prenup affects divorce. But before that, let’s get to know what a prenup is.

What is a Prenup?

A prenuptial agreement can also be known as a prenup. It is a written contract that describes an engaged couple’s rights and duties regarding pre-marital and marital assets and debts, as well as what would happen if their marriage ended in divorce or death.

The main benefit of a prenup is it protects all pre-marital assets. The assets you have gained jointly during your marriage will be equally shared, which will eventually secure you and your child’s future.

Divorce in Calgary with Prenup Agreement:

Prenuptial agreements are often signed by couples who have no intention of separating or divorcing in the future. Mostly, a prenup is written to encourage the couple to stay together happily.

So, like others, the Calgary court inspires to make prenup. It helps further if there is a divorce; the dispute will be reduced.

But if there is a divorce issue, a prenup should meet certain criteria to legitimate the divorce. Prenuptial agreements regarding custody, for example, are never permissible and may be thrown out by a court.

Also, you need a strong advocate to preserve your interest because sometimes, the execution of prenup can be complicated. So, if you want to file a divorce case, you need to talk to a family lawyer in Calgary about the terms and conditions of your agreement.

How Do Prenup Agreements Work in Calgary?

As we already know, a prenup is a legal agreement between couples before getting married; it covers the assets and debts of the couple before the marriage is ended. But there are certain requirements that you must fulfill if you want that your prenup agreement should work in your divorce.

The requirements are as follows:

  • The prenup contract should be in written form. That means your agreement should be written.
  • The terms and conditions of the prenup should be lawful. No illegal words should be included in the agreement.
  • Both the parties need to sign the agreement paper.
  • Both the parties need to agree and sign the paper voluntarily. There should be no outside influence, deception, or intimidation on both parties.
  • You must notarize the agreement paper by a licensed notary. This procedure is not legal until you notarize your prenup.
  • You will get a 7 days notice period for getting individual legal advice on the terms and conditions before signing the prenup agreement.

You must check all the above requirements before you sign a prenup agreement. If you violate the provisions, the court can void your prenup. You can argue on your prenup if you find that your spouse withheld important information about their wealth at that time.

Your prenup should include the following terms concerning your marital property:

  • Whether you have the right to buy, sell or use a certain amount of property mentioned on the agreement.
  • Unfortunately, if you are getting divorced or there is any death incident, how will the asset be divided.
  • If you have any life insurance policies, will you benefit from this prenup or not.

Again, there are some terms and conditions that you cannot decide on before getting married. And the court can refuse to enforce those terms and conditions if the couple is getting divorced.

What Cannot Be Included in a Prenup Agreement?

But there are some points on which the court cannot enforce. Let’s look at those types of terms that cannot be enforced.

  • Child custody agreements or those types of contracts that limit child support payment.
  • Contracts mandating children to be reared in a particular religion cannot be enforced.
  • Financial and property disclosure requirements are not required to be disclosed.
  • The spouse must get independent legal advice before signing the prenup agreement; if the spouse did not get the legal counseling, they would be unable to waive their alimony requirements.
  • Violating terms and conditions of “public policy” and engagement to illicit behavior of spouses.
  • Any deceptive, unfair, or unjust terms violate rules and regulations.
  • Phrases refer to non-financial behavior of spouses, such as drug usage or cheating.
  • Because Calgary is a no-fault state, terms and conditions penalize spousal wrongdoing or “blame” are prohibited. Seek spousal support guidelines for further knowledge regarding this.
  • There can be agreements like paying compensations for domestic work, but they are already considered marital responsibilities, so these will not be enforced.
  • Divorce-inducing terms, such as awarding one spouse a substantial quantity of money or a valued item only due to the divorce.

A court can refuse your prenup agreement for many reasons. If the judge believes that the outcome will be unfair or unjust, it will enforce.

The court will not enforce a verbal prenup agreement. So your prenup should be in written form with a sign and notary. And keep in mind that prenup does not make you married.

For getting married, you have to take a marital certificate. A prenup does not make you legally married.

You can change your terms and conditions on the prenup agreement at any time, even after marriage. But for this, you and your partner need to agree on changed terms and conditions. After deciding on the changed terms, you can execute the changes like the previous one.

Final Thoughts

A prenup agreement is sometimes good for the couple because it intends not to break the relationship. However, there is always uncertainty in the relationship. So, if you have decided to end your marriage and have a prenup, you should probably contact a divorce lawyer in Calgary.

A divorce lawyer can help and guide you on presenting your prenup document to get the maximum benefit from it. Professional help is better when you are dealing with court and agreements. There can be thousands of flaws, so the court may not accept your paper where divorce lawyers can help you and support you fully to get your right.