Canadian Prenuptial Agreement Laws
I am getting married in the United States. Where can I get my marriage contract? The relevant jurisdiction is the one in which you live at the end of your relationship. Where you get married doesn`t matter for these purposes. For example, even if you get married in New York, if you live in Ontario after your relationship ends, you would be subject to Ontario law and you would have an Ontario prenup. What is usually done in these situations is that the international couple enters into two „mirror“ marriage contracts – a prenup in the two jurisdictions where they are going to live, which say much the same thing. This way, you can be sure that no matter what jurisdiction you live in, there is a valid prenup that settles your relationship. If you are travelling as a driver or passenger, hope that your journey is not accidental, but you still take precautions to protect yourself by inserting your seat belt. Similarly, a marriage contract is insurance for your marriage or common law relationship. There is no legal obligation for the parties to obtain independent legal advice before signing the agreement, but it is certainly highly recommended. The fact that someone has obtained independent legal advice is one of the key elements that reinforce the „bindingness“ of the agreement. I encourage my clients to seek independent legal advice on marriage contracts, in order to avoid problems, such as for example.
B a party that claims: „I didn`t know what I was signing“, „I never had the opportunity to speak to a lawyer“ or „If I had known that I had lost my property rights, I would never have signed it“. According to Clicklaw BC, you should consider a marriage contract if: There are still many misunderstandings about the rights and obligations of common law couples. .