One common misconception that many people often have when it comes to prenuptial agreements says family lawyers Edmonton. Is that they are providing an unfair advantage to one person in the relationship. People remember stories of brides who get upset when they are presented with a prenuptial agreement be even before their wedding, or people who sign prenuptial agreements that are unfair. However, this is not the case, prenuptial agreements are legally binding contract that specify how well the property will be handled in the event of their divorce. In addition to that, great pains are taken to ensure that the agreement is fair, and legally binding.
The first thing that people need to understand, is that a prenuptial agreement is just providing documentation of what happens to the well from the property in the event of a marital breakdown. And while it is very specific, it can also include clauses about specific things such as behaviour during the relationship, how wealth is divided, and what assets are protected. If there are children in the marriage, but can also be instructions about custody, and child support. As well as creating directions about alimony says family lawyers Edmonton. The first thing that people need to do, is be very specific and clear with their lawyer about the intent of the document.
It is also very important for people to take note that in order for prenuptial agreement to be legally binding, it has to be reviewed by both parties with separate legal counsel. If one lawyer represents both parties, that will result in a prenuptial agreement that is not legally binding. Family lawyers Edmonton says that it is also important to note that no person can sign the agreement under undue pressure, or under duress. Therefore, lawyers and the people will be asked to sign a certificate of acknowledgement say that they knew what they were signing, and that they were not under any influence or pressure to sign.
Partner refuses to sign or negotiate a prenuptial agreement, that can be a big problem, because no one person can force the other person to sign. However, family lawyers Edmonton says their best advice would be to have a frank and open conversation with their partner about why they are unwilling to sign it. By finding out why, and helping them get separate legal documentation, just so that they can have a lawyer to talk to about what the document says, can often help resolve the issue. But ultimately, many people may want to question if they are willing to enter into a marriage with someone who is refusing to talk what a prenuptial agreement.
By finding out all of the information about what a prenuptial agreement is, and what it is used for can help both people feel comfortable and confident in creating one, so that in the case of a marital breakdown, they know that their assets will be protected, and they will have a clear direction on how to become unmarried again.
Family Lawyers Edmonton | What Do Prenuptial Agreements Protect?
There are many factors that go into why people would want to create and sign a prenuptial agreement says family lawyers Edmonton. And while it is very common for people in their second and third marriages, often because that is when they have started accumulating wealth and assets in their life. Prenuptial agreements can also be very beneficial to people matter how much in wealth or assets they have. It is also important to note that prenuptial agreements can be very specific, and include many clauses, that can help people and the marriage easily and amicably.
While many people only think of creating a prenuptial agreement when they have assets and wealth to protect, people may decide to create prenuptial agreement so that they have the document on what will happen if they accumulate wealth and assets during the course of their relationship. Can also outline very specific things like what happens if someone had very specific behaviour during the relationship, or include direction about alimony, child support and custody says family lawyers Edmonton.
Therefore, people should not think that will agreements are only for people who have accumulated a lot of wealth in their life. It can be very beneficial to all people who are getting married. In fact, something very important for many people to understand, is that a prenuptial agreement can be revised. Couples often agreed to review it at regular intervals in their life. Or, they may decide to revise it when a specific circumstance triggers it. For instance, when they purchase assets, or accumulate a certain amount of wealth. However, they need to ensure that they are following the legal protocol in order to ensure that the revised prenuptial agreement is legally enforceable.
When people are ensuring that there prenuptial agreement will be valid, they need to ensure that they are following the legal requirements of the province, in order to ensure that it will be legally binding, and will hold up in court. Many people are not sure why this is important says family lawyers Edmonton. Since both parties must have signed the prenuptial agreement in the presence of a lawyer, after specifying that they were not under any duress.
However, it is the case that occasionally, when marriages break down, one party will try to contest the agreement, and will take it to court. By doing their work ahead of time, to ensure that they made the agreement in accordance with the law, will protect them here. Ultimately, while nobody ever enters into marriage thinking that is going to end in divorce, 40% of all first marriages actually do end in divorce in Canada, making this activity a pragmatic idea, that can help protect both parties in the event of the worst-case scenario happening to them. By hoping for the best, and yet preparing for the worst, people can ensure that they are protecting themselves.