BEACON OF TRUST

Prenuptial Agreement in Calgary

Far from being a beacon of distrust, a prenup can offer both partners a sense of financial security and clarity, potentially reducing conflicts and uncertainties down the road. Without one, in the case of separation, the division of your assets will be governed by Alberta law.

The reality is that relationships don’t always last forever — even if we want them to. A prenuptial agreement recognizes this. It is a legal document that outlines the financial rights and obligations between partners before they tie the knot.

Without a prenup in place, you and your spouse will be required to negotiate the division of your assets after a relationship breakdown or leave it up to the Alberta Courts to decide.

At DLegal, we empower Calgary couples to take their financial future into their own hands and navigate it with confidence and peace of mind. It is a practical choice for anyone entering into the legal contract of marriage, but especially for those with unique financial or family situations or who have accumulated assets on their own prior to the relationship.

Inquire About Prenuptial Agreement

What is a Prenup?

A prenuptial agreement, commonly known as a prenup, is a legally binding contract signed by two individuals before they get married. Prenuptial agreements generally outline and cover things like the rights and obligations of each spouse, the division of individual and joint assets, debts, and other financial matters like spousal support in the event of divorce, separation, or the death of one spouse.

While prenups are often associated with wealthy individuals, they can be beneficial for couples of all income levels and backgrounds.

For couples who are not yet married, a prenup agreement can establish guidelines for their relationship. Similar to a breakdown of marriage, when your relationship ends as a common law couple, your separation will be governed by Alberta law, and you may be required to divide property, provide spousal support, and more. Prenuptial agreements establish your rights and obligations as a non-married couple.

The Difference Between Prenuptial and Postnuptial Agreements

Prenuptial agreements and postnuptial agreements serve similar purposes but differ in their timing. If you are not sure which is right for you, get in touch with the domestic contract lawyers at DLegal.

Prenuptial Agreement

A prenup is executed before marriage, allowing couples to establish the terms of their financial arrangements before tying the knot. It provides a framework for asset division and financial responsibilities in the event of divorce or separation.

Postnuptial Agreement

A postnup is entered into after marriage. Couples may choose to create a postnuptial agreement to address financial issues that arise during the marriage, such as changes in financial status, the acquisition of new assets, or the desire to modify terms outlined in a prenuptial agreement.

Who Should Set up a Pre-Nuptial Agreement?

While prenuptial agreements can be beneficial for a wide range of couples, certain situations may warrant particular consideration.

High Net Worth Individuals

Individuals with significant assets, investments, or business interests may find a prenuptial agreement essential for protecting their wealth in the event of divorce. This is especially relevant for those who want to safeguard family businesses or significant inherited assets.

Individuals with Varying Financial Situations

When there is a significant disparity in the financial situations of the partners, a prenuptial agreement can help establish fair financial arrangements, ensuring that both parties are protected.

Entrepreneurs and Business Owners

Business owners may use prenuptial agreements to shield their business assets, intellectual property, and future earnings from being subject to division in the event of divorce.

Those with Complex Financial Histories

Individuals with complex financial histories, such as prior marriages, existing child support obligations, or considerable debts, may use a prenup to clearly define each party’s financial responsibilities and protect against potential claims.

Couples Planning for Specific Financial Outcomes

Some couples may choose to set up a prenuptial agreement as part of their financial planning strategy. This could include outlining specific financial goals, such as property ownership, retirement planning, or investment strategies.

Those with Personal or Family Considerations

Individuals with unique family dynamics or specific wishes for the distribution of assets, especially related to family heirlooms or legacies, may use a prenuptial agreement to ensure their preferences are respected.

Individuals Considering Marriage Later in Life

Couples entering marriage later in life, especially those with established careers and financial independence, may find it prudent to establish a prenuptial agreement to protect their individual assets and provide for any adult children from previous relationships.

How Our Calgary Family Lawyers Can Help

Legal Expertise

Family law attorneys possess knowledge of relevant laws and regulations, can give independent legal advice and ensure that the prenuptial agreement complies with legal requirements and is enforceable.

Customization

Prenuptial agreement lawyers work with couples to tailor domestic agreements to their specific needs and circumstances, taking into account their unique financial situations, goals, and concerns.

Comprehensive Financial Disclosure

Attorneys guide couples through the process of full financial disclosure, ensuring that both parties have a complete understanding of each other’s assets, debts, and financial circumstances.

Negotiation

Legal professionals facilitate open and fair negotiations between spouses to reach a mutually agreeable and legally sound prenuptial agreement or domestic contract.

Drafting and Review

Lawyers handle the drafting of the prenuptial agreement, ensuring that it is comprehensive, clear, and legally binding. They also review the agreement with their clients to ensure a full understanding of its implications.

Legal Compliance

Attorneys ensure that the prenuptial agreement complies with all legal requirements, minimizing the risk of it being contested or invalidated in the future.

Write Your Agreement

Fees*