Can I Renegotiate My Prenup?
Have you and your partner negotiated a prenuptial agreement before your marriage and now you’re not so sure it’s what you really want? Or maybe you’re not sure that it fully represents what either of you needs. If that’s the case, you may be wondering if Alberta couples who entered into a prenuptial agreement can renegotiate it.
Is a Prenuptial Agreement Negotiable After Marriage?
If you and your partner already have a prenup and want to change it you can do so. As long as you and your partner are in agreement and both sign the document, changes can be made to your prenup. It’s important to work with a lawyer to make changes to your prenuptial agreement to ensure that the document you create is legal and fair to all parties involved.
If you signed an initial prenup that is considered wholly unfair to the point of being improper under the eyes of the law, then an Alberta lawyer can help you have it declared null and void. The same could happen if you make amendments to the prenuptial agreement that are not legal or fair.
So, how can you renegotiate your prenup? You can work with your partner to create a new postnuptial agreement that is fair and equitable for both of you.
What’s the Difference Between a Prenup and a Postnuptial Agreement?
A prenup is something that you create before you and your partner get married. And it can be amended after your marriage by negotiating a document called a postnuptial agreement. But what if you and your partner don’t have a prenup in place? And now that you’re married you want to set up an agreement that is similar to a prenup.
That’s when you need a postnuptial agreement. This document is very similar to a prenup in that it is legally binding and lays out what will happen to your and your partner's assets in the event of a divorce. But it’s created after you are married rather than before.
What to Beware Of
After the breakdown of a marriage, a family law judge will look at the prenuptial agreement or postnuptial agreement, as well as any amendments or changes that were made. They will determine whether or not the agreement is valid.
In doing this they will look at the circumstances that surrounded the making of the agreement and what it attempted to convey. Also, they will look at the history of the relationship and how well both parties followed the agreement.
Through this process, there may be a decision to challenge the validity of some or all of the prenup or postnup, as well as the way that it applies to the parties of the relationship. While it is possible to have a prenup invalidated after the relationship dissolves it’s not easy to do because prenuptial and postnuptial agreements are legally binding contracts.
Contracts and the Legal System
Our legal system in Albert takes contracts seriously, and that includes pre and postnuptial agreements. After all, these agreements allow people to make decisions about their future and exercise their free will on what they feel is fair and reasonable treatment and ownership of assets. It’s important to have a valid reason for attempting to nullify any type of pre or postnuptial agreement and to consult a lawyer to explain the law and the best way to protect yourself and your future.
Calgary Postnuptial Agreement Lawyer Charles Fair
If you have any questions or concerns about your prenuptial or postnuptial agreement just give us a call. We can help you plan out your next steps and make sure that you get what is fair and what you’re entitled to in the event of a marriage breakdown.
Canada’s divorce and family laws are governed by federal and provincial laws. Family lawyers represent their clients in court and negotiate disputes between spouses and family members. Charles Fair has been practicing Divorce and Family Law for over 30 years. Fair Legal handles all types of divorce, custody and family legal matters to protect your children, property and you. Contact us at 1 (403) 239-2249 to schedule a confidential meeting with a member of our legal team.
Calgary lawyer Charles Fair brings over 30 years of experience to Fair Legal in criminal, family and civil litigation. Charles draws on his personal experiences related to each field of law which helps him to understand and relate with each of his clients. He is compassionate, caring, and will always be your champion for justice when life gets messy.