A post nuptial agreement is a legal document that outlines the division of assets and liabilities in the event of a separation or divorce. Unlike a prenuptial agreement, which is signed before marriage, a post nuptial agreement is signed after the wedding has taken place. This agreement can be crucial in protecting assets and also allows couples to have more control over their financial future.
If you`re living in Ontario, Canada and considering a post nuptial agreement, there are a few things you should know. Firstly, post nuptial agreements are recognized and enforceable in Ontario. However, they must be entered into voluntarily and with full disclosure of both parties` financial situations. Each party should also have their own independent legal representation to ensure that their interests are protected.
In Ontario, post nuptial agreements can cover a variety of issues including property division, spousal support, and custody/ access arrangements for children. They can also address issues that may arise in the future, such as how to handle property acquired after the agreement is signed.
It`s important to note that post nuptial agreements cannot be used to limit child support obligations or to waive inheritance rights. Additionally, the agreement cannot be used to avoid paying debts incurred during the marriage.
If you`re considering a post nuptial agreement, it`s important to consult with a family law lawyer who is experienced in drafting and negotiating these types of agreements. They can help ensure that the agreement is fair, reasonable and legally binding.
In conclusion, post nuptial agreements can be a useful tool for protecting assets and ensuring a smoother separation or divorce process. If you`re living in Ontario, Canada and considering a post nuptial agreement, be sure to consult with a family law lawyer who is experienced in this area. They can help you understand your options and work with you to draft an agreement that meets your needs.