Domestic Contracts
Always, always put your agreements in writing. However, it is not just good enough to put it in writing - Get legal advice and ensure your spouse gets independent legal advice. We recommend that you retain not just any lawyer. A Family Law Lawyer is best able to ensure that the domestic contract will be able to stand up to scrutiny.
Marriage Contracts
When romance is in the air, it can put quite a damper on things when one of the spouses to be asks for a marriage contract. However, it is so important, particularly when you are re-marrying and you want to ensure that your family from a previous relationship does not get "done out of" what you believe is rightfully theirs. Without a marriage contract, your interests in the matrimonial home and other property would be governed by the provisions in the Family Law Act and your estate may be subject to claims under the Succession Law Reform Act.
In addition, without a marriage contract you could become liable to pay child support for your new spouse's child because you could be deemed to have stood in place of a parent of that child. Moreover, if you do not provide for a spousal support release in the contract, in the event of a separation or divorce, you could be called upon to pay spousal support.
Remember, you are embarking on a relationship that should be built on openness and trust. As such, you should be able to talk maturely about these matters and be able to come to an agreement in advance of that wonderful wedding day.
A word of caution: Do not wait until your wedding preparations have been made and the invitations sent out. If the marriage contract is signed just weeks before the wedding and one of you has not received independent legal advice, the agreement could be set aside at a later date. Also, it is very important to identify your assets and liabilities to ensure that the agreement is safe from attack.
Make sure the agreement is worth the paper it's written on. Make an appointment to see a Family Law Lawyer.
