It’s understandable that many couples have their reservations talking about a marriage agreement. However, signing one before you get married is a wise decision, which will spare both people from unwanted hassles, if and ever separation and divorce crop up. If signed before the marriage is solemnized, this known as the prenuptial agreement. There are also a few things that cannot be included in a prenuptial agreement, such as parenting and custodial rights of future children.
As you may have guessed, you need legal advice and help on drafting the marriage agreement, so that everything is done as per law and is legally binding on you and your would-be spouse. If you are Quebec, you can talk to Rami Khoury notaire, who also specializes in wills and marriage agreements. Here are some things to know before signing up for a marriage agreement.
“Do we really need a marriage agreement?”
This is often the first question that many couples ask. Creating a marriage agreement is entirely a personal call for the couple concerned, but both need to agree and sign for it. The agreement can be drafted and signed beforehand, but comes to force only from the date of marriage. You can also choose to create a marriage agreement after the marriage too. So, why would you need a marriage agreement in the first place? That’s because not all marriages last forever, and in case you decide to separate, you would want the arrangement to be as fair as possible. With a marriage agreement in place, you can be assured that it will govern things like distribution of assets. Without that, the court will decide on things, especially if a couple cannot come to an arrangement on their own.
Finding help for marriage agreement
There are many notaries and legal experts, who can help you draft a marriage agreement, and it makes sense to talk to one, so that every aspect is checked. For instance, is the agreement fair to both sides? Have you addressed all relevant aspects? Have you checked samples of a few marriage agreements? What are the more important things you want to include?
A notary can help you complete the process easily and will offer unbiased advice on things should be settled. They will also offer help on factors that matter in creating a marriage agreement and how these factors can influence a couple’s life, if and ever they choose to part ways.