A postnuptial agreement provides continued peace of mind and security for your future together.
Life and relationships change, making ongoing planning a wise choice even after marriage. Much like revisiting important financial plans, creating a postnuptial agreement allows you to set clear terms for managing assets, debts, and other important matters as you continue your married life.
A postnuptial agreement is a legal contract created after a couple is married. Essentially, it outlines the terms they have agreed upon for property division, spousal support, and other relevant issues should the marriage dissolve.
The following issues can and should be addressed in a postnuptial agreement:
Just like prenuptial agreements, courts in Alberta generally respect and are hesitant to deviate from properly executed postnuptial agreements.
Therefore, obtaining sound legal advice prior to signing a postnuptial agreement with your spouse is crucial to ensuring that your rights and intentions are clearly and legally protected. Should circumstances change after a postnuptial agreement is in place, it can be amended; however, involving a lawyer in any modifications is key in maintaining the agreement’s legal validity and enforceability.
Couples may choose to sign a postnuptial agreement for various reasons, such as changes in financial circumstances (like starting a business or receiving an inheritance), to clarify financial expectations during the marriage, or to address concerns that arose after getting married. It can also be a way to formalize agreements reached through marital counselling.
Yes, a properly prepared and executed postnuptial agreement is generally legally binding in Alberta. However, for it to be upheld by the courts, it must meet certain legal requirements, including full disclosure of assets and debts by both parties, and it must be entered into voluntarily without duress or undue influence. Seeking independent legal advice is highly recommended.
Yes, a postnuptial agreement can be amended or cancelled if both spouses mutually agree and create a written amendment or a new agreement that complies with legal requirements. Again, it’s advisable to seek legal counsel when making any changes to ensure that they are legally sound.
Your path to legal clarity starts here. Let’s explore your legal options together.
Take control of your legal situation. Reach out to our team to begin the conversation, and we’ll help tailor a legal strategy that promises the best chance of success for your case.
