In the past, prenuptial agreements in Canada were not even recognized by many judges in America because they were viewed as a corrupting force to a marriage. However, they are recognized today in part because divorce rates have increased. Pre-marital arrangements can help mitigate messy litigation later on, which is why many couples choose to draft one. In order to have a prenuptial document enforceable, it is advisable to have lawyers involved to ensure that the required elements are present.
If you or a loved one feels that a prenuptial agreement is needed, speak with a family law attorney in your area about your prenuptial needs. A skilled attorney can help to ensure that your agreements are legally sound and enforceable in the future.
The Five Elements Required for a Prenup
Similar to other areas of law such as tort law, certain elements must be present for a prenuptial arrangement to be held up in a court of law. Ensuring that these elements are present from the beginning will alleviate any complications or difficulties that could arise. The five elements of a prenup are as follows:
It must be executed in writing, not verbally
It must be created voluntarily, not forced
It must be fairly or fully disclosed at the time of execution
It cannot be excessively unfair to one party
It must be carried out by the involved parties in the presence of a notary public
These elements apply in all states in America. Alternatively, if the couple is already married, a post-nuptial agreement can be drafted. These documents help to prevent fights over asset distribution and other important matters in the even that the marriage is dissolved.
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