Mississauga Prenuptial Agreement Lawyers

Helping Clients Create Effective Prenuptial Agreements in Mississauga

The common belief that prenuptial agreements are only for the wealthy is a misconception. “Prenups” have become more common among couples of all kinds in Ontario, especially those who get married later in life, having already accumulated considerable assets.

A prenuptial agreement is essentially a customized domestic contract that allows couples to define their rights and set out the key financial terms within the marriage, and decide how affairs will be managed if the relationship ends.

The Amiri Family Law team can help you draft a personalized, legally binding prenuptial agreement in Mississauga that can act as a valuable guide for the future for you and your spouse.

Prenuptial agreements in Ontario

Prenuptial agreements are family law contracts that can be enforced by the Ontario courts if drafted correctly according to the relevant laws.

The contents provide legal and financial protection in the event of divorce, generally designating how assets will be divided and any differences resolved if the relationship breaks down. This can prevent the need for a judge to decide.

No couple wants to contemplate divorce before they are even married but a high proportion of marriages fail to last the distance. A prenup offers practical help to ease the process of financial separation if required. This can provide peace of mind for a couple and potentially avoid a long and expensive divorce process.

Prenuptial agreement forms are available online but to be effective, such agreements should be personalized to a couple’s unique circumstances. This generally requires the assistance of a qualified family lawyer representing each spouse and protecting their interests.

The lawyers at Amiri Family Law can help you negotiate and prepare a legally enforceable prenuptial agreement in Mississauga

What must be included in a prenuptial agreement?

A prenuptial agreement usually includes the following:

• Spousal support obligations
• Property claims
• Debt and asset division
• Financial matters concerning children of another marriage (if applicable)
• Any other relevant financial matters

To be legally valid, the prenup must meet specific requirements according to the Family Law Act of Ontario.

Each spouse’s assets and liabilities before the marriage should be regarded as separate property. Decisions should be made on how any wealth accumulated during the marriage (“family property”) will be divided.

Prenup lawyers can represent the interests of each party during this process. However, to be legally valid, the final agreement must be fair, signed voluntarily (without coercion), and witnessed.

What not to include in a prenuptial agreement

A Mississauga prenuptial agreement should not address child custody matters, which must be decided at the time of separation or divorce and based on the child’s best interests.

Any non-permitted provisions concerning the children of the marriage (such as child support payments or parenting), terms considered unconscionable or grossly unfair, or any provisions that provide a financial incentive for divorce can be voided by the court at the time of separation and divorce.

Other matters that should not be included in a prenuptial agreement are those relating to personal preferences and private domestic matters. This includes any provisions that dictate:

• Whose name to use
• What relationship is allowed with certain relatives
• Where to spend vacations

When can prenuptial agreements be set aside?

The court has the authority to set aside any prenuptial agreement that fails to comply with Ontario law. Common reasons for doing so include:

• Lack of full disclosure of financial affairs
• Terms that are grossly unfair or unconscionable
• Inclusion of prohibited matters (such as child support)
• Inclusion of private domestic matters
• Improper execution (e.g., not signed or witnessed)
• Claims of coercion or duress during the execution of the agreement

Our prenuptial agreement services…

Personalized marriage agreements can help lay the foundation of a successful relationship. Our prenuptial agreements are designed with the hope that the terms will never need to be activated. However, in the event of the relationship breaking down, you will have a legal contract that can pave the way for a clearer future apart.

Although seeking independent legal advice is not strictly mandatory for a marriage contract in Ontario, skipping it creates risks, and courts often look more favourably on agreements where both parties were represented by a lawyer.

We start with a personalized consultation to learn more about your needs, what you want to achieve, and any present legal issues. Our seasoned guidance helps resolve any legal queries you have over the rights and obligations of each party, and we explain the prenuptial agreement process to help you plan confidently for the future.

Our family lawyers can also assist with the following stages of the prenup process:

• Financial disclosure: We will help you compile accurate information about assets/liabilities in a financial statement covering each spouse’s liabilities, income, and expenses before the marriage (essential for creating a comprehensive, fair, and transparent prenup).
• Drafting and signing of the agreement: We draft a fully enforceable prenuptial agreement that reflects your wishes, protects your interests, and secures your financial future if the marriage ends. Each agreement is witnessed and notarized in compliance with Ontario law.
• Prenup review: We can perform an in-depth review of an existing prenup to ensure that it accurately reflects your present wishes and the provisions of the current Family Law Act.
• Prenup modification: If amendments are required, we can modify an agreement so that it remains fair, compliant, and legally enforceable in Ontario.
• Negotiation and mediation services: Our family lawyers can act as mediators to help you settle on acceptable terms with your partner or represent you during the negotiation process with your spouse’s lawyer.
• Dispute resolution services: Our lawyers also provide legal representation and strategic advice to protect your interests in disputes over the terms or enforcement of a prenuptial agreement.

Contact our Mississauga prenuptial agreement lawyer for help

When you encounter a family law issue, you do not need to face it alone. Seek the help of an experienced family lawyer in Mississauga to discover your legal options. Call Amiri Family Law at 647-792-2961 to book a consultation with a trusted family lawyer today.