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How to Discuss a Prenuptial Agreement With Your Partner

Published: December 24, 2021

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How to Discuss a Prenuptial Agreement With Your Partner

A prenuptial agreement, also known as a domestic contract, marriage contract or cohabitation agreement depending on the nature of the relationship, is a contract that sets out how a couple’s assets will be divided if they divorce, separate or if one of them passes away. Though a tough topic to bring up, it can be useful to give couples clarity and peace of mind when they enter into their marriage or common-law relationship. Many stigmas and misconceptions surround the topic, but when approached correctly, it can be a bonding and strengthening experience resulting in a fair agreement that benefits both you and your partner!

Conversations surrounding finances can be difficult. Often, they are completely avoided, with the simple opinion of ‘what is mine is yours’ being adequate. But when it comes time for your livelihood to depend on the fine print, it is imperative to have a clear distinction surrounding your assets and liabilities and your partner’s. Communication takes work – both talking and listening! But with good communication, working through disagreements will be easier and set the foundation for a solid relationship.

Take The Time to Be Honest

Choosing the right time to have the discussion can lead to it being a healthy and productive talk. Deciding to bring it up during an argument or when one of you doesn’t have the time to dive into the topic thoroughly can lead to explosions and frustration. Take the time to think about why this is important to you, what your goals are and your viewpoints surrounding prenups and marriage so that you can be transparent and honest with your partner.

Focus on the Positives!

Focus the conversation on the fact that prenups can set you and your partner up for a smooth transition if the time ever comes. These agreements can offer much-needed emotional stability if the marriage or common-law relationship/partnership ends. They also play a part in differentiating what happens with property and other assets in the event of the death of a partner. Overall, prenups are a positive process that gives both parties in a marriage the comfort and knowledge that you will be looked after no matter what.

Try An Empathetic Approach

As stated before, it is crucial to approach the topic truthfully. Delve into why you want to go this route, explaining the circumstances and grounds that have helped you reach this conclusion. After explaining, listen to your partner’s response with open ears and heart. Give them the space to explain their circumstances, ideologies and outlooks and move forward with empathy, both when their mindset is different and when they are on the same page as you! This is a step in the learning experience.

Discussing prenups with your partner might not be easy, but there will be many uncomfortable situations and conversations you will have to work through throughout your relationship. It all depends on your approach to discussing these topics and if it is in a way that is received properly by both ends. You and your partner are tying the knot for a reason – you are the perfect match. Prenups serve as a promise that no matter where life takes you, good or bad, till death do you part, you will always have a mutual understanding and respect for each other that outweighs everything else.

At Gelman & Associates, our trusted and experienced team of family lawyers all share the same goal, which is to ensure our clients are fully informed, and their rights are protected throughout their marriage. Our lines are open Monday through Friday from 8 am-8 pm to ensure that we are available for our new and existing clients when needed. For a discreet initial consultation, call us at (416) 736-0200, or contact us online.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - domestic contracts

Cohabitation agreements are legally binding contracts, provided that they are drafted and executed properly, and are signed as a deed. It is therefore essential to obtain legal advice before preparing an agreement.

The things you will need to think about for your Cohabitation Agreement include the property you owned before you moved in together, property you acquire after you move in together, household expenses, Inheritance and Wills, and children.

Although it is possible to write your own cohabitation agreement, it is best to contact a lawyer to make sure that your agreement properly protects your interests and is legally binding. The agreement will also be stronger if you and your spouse each talk to different lawyers before signing the agreement.

Yes, spouses can draft a separation agreement without the aid of a lawyer. However, getting legal advice is recommended so that you truly understand all the conditions in the agreement you have made with your partner.

Your separation agreement is a legally binding document made between parties in a marital relationship. It’s something that couples use to formally divide their debts, assets, and other marital responsibilities so that each side experiences a fair separation from the other. While a separation agreement is used when couples know they’re heading for a divorce, couples who want to separate for a while with the aim to reconcile can also use this. It may also include the division of assets and property, alimony, parenting time, and child support.

A separation agreement executed by both parties can be enforced when the spouses get a divorce later.

Yes it is still valid. It can be that both spouses willfully, consciously, and voluntarily entered into a separation agreement that is more favourable to one of the spouses. However, this type of one-sided separation agreement will raise the alarms of the Court and may cause the invalidity of the separation agreement.

Yes you can still make a separation agreement even if the decision-making responsibility is not included. You and your spouse can seek the intervention of the Courts to sort out the issue on the decision-making responsibility without affecting the separation agreement.

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