Marriage contracts or agreements can be a controversial subject among couples. Some believe that only the uber-rich and famous draft these documents to protect their assets or that couples sign a marriage contract on the assumption that their marriage may fail in the future. However, neither of the statements is true.

In this article, we'll discuss why you should get a marriage contract and make it enforceable in the event of separation or divorce. Here's what you need to know:

It Must Be In Writing

The first legal requirement for a marriage contract is that the contract must be in writing. Both parties who are entering the agreement must sign the contract. There should be a witness while you and your partner sign the document. Also, witnesses will not be bound by your contract. They'll only be there to confirm that you signed a contract before marriage.

How To Enforce A Contract?

The court may set your marriage contract aside if it’s found to be significantly unfair to one of the parties, especially if one party takes advantage of the other. And in this case, hiding one’s financial assets, wealth, debts, or property is one of the most significant ways to nullify your contract in court. Therefore, disclose all your financials to your partner before signing.

Moreover, don’t sign the contract too close to the wedding. If you sign it a day or two before the wedding, the contract will never hold up in court because of undue pressure on the partner.

There must be fairness in the way the contract is negotiated and signed.

You Both Should Lawyer Up

This may seem unnecessary to mention, but if you're entering into a marriage contract with your partner, you should hire a lawyer. They'll give you the necessary legal advice to draft the document and ensure it's compliant with all the legal requirements. It'll also validate the document by preventing either party from later claiming that they didn't fully understand the legal implications of the contract and how it would impact them because they didn't hire a lawyer.

Hire Professional Family Lawyers In Mississauga To Draft Your Marriage Contract

A marriage contract is legally binding if drafted properly. If you’re looking for professional family lawyers who can help you draft an enforceable marriage contract or agreement, look no further than Nanda & Associate Lawyers. They have an experienced team of corporate, commercial, business immigration, divorce, family, and litigation lawyers who can oversee and advise you on legal issues.

Reach out to them today to discuss your marriage contract provisos and safeguard your assets and wealth.

About The Author

Linda Starova is an experienced family lawyer working at Nanda & Associates Lawyers. She has successfully defended clients in disputed divorces, custody, and access battles, child and spousal support disputes, and property and equalization of net family property cases before the Ontario Courts of Justice and the Superior Courts.