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When you and your partner are getting ready to marry, it can be an exciting time. Open communication and planning are a crucial part of any relationship at this stage. As you are preparing to enter into a marriage, having a shared understanding of your financial and personal expectations can make your partnership even stronger.
Before you get married, participating in pre-marriage counselling and discussing potential legal agreements can help you set a strong foundation for your lives together. For example, prenuptial agreements (referred to as marriage contracts in Ontario) can be a helpful tool for you and your partner to consider during your discussions. By doing so, you can feel secure about your future together, no matter what happens.
At Gelman & Associates, our Toronto family lawyers regularly guide clients through the legal aspects of marriage preparation. Whether you’d like to draft a marriage contract prior to your wedding or you’re already married, we can help. To discuss the legal process, schedule a consultation with our team today.
What is Pre-Marriage Counselling and How Can it Help?
Pre-marriage counselling is a process normally led by a psychologist, counsellor, or religious authority figure that helps couples align on major life topics before they get married. You may participate in multiple counselling sessions with your partner leading up to your wedding, during which you may:
- Understand what each partner expects during marriage
- Discuss what your long-term commitment will look like
- Address any difficulties you have with communication, conflict resolution, finances, or other subjects with the help of a neutral third party
Although pre-marriage counselling itself is not a legal process, it can be connected very closely to legal agreements. This is because sessions might open the door to you and your partner discussing financial arrangements, including prenuptial agreements.
If you and your partner come across issues that you believe are worth addressing in a formal legal agreement during pre-marriage counselling, you can address them with the help of a lawyer. For example, if you both believe a prenuptial agreement to be important, you can look into creating and signing one before your wedding.
Legal Agreements to Consider Before Marriage
In Ontario, prenuptial agreements, or prenups, are referred to as marriage contracts under the Family Law Act. They can be created before or after a couple gets married. In a marriage contract, a couple can set out custom expectations for how their assets will be handled should they separate, divorce, or pass away.
Some common clauses in prenups include:
- Directions for the division of assets
- Spousal support waivers or limits
- Treatment of inheritances, gifts, or family trusts
- Protection of specific businesses or properties
You and your partner may also create a contract outlining these expectations when you start living together, before you intend to get married. In such cases, your contract may be called a cohabitation agreement. Cohabitation agreements serve the same function as prenuptial agreements or marriage contracts. If you and your partner do get married in the future, your cohabitation agreement will automatically become a marriage contract.
It’s important to note that prenups don’t necessarily waive all rights of spouses to property equalization upon separation or divorce. Your prenuptial agreement may be tailored to address only very specific assets or concerns, like a piece of real estate. In addition, marriage contracts cannot legally contain certain provisions, such as stipulations for child support.
Discussing legal agreements with your partner before you get married can be extremely beneficial. Pre-marriage counselling can be a perfect setting for this. Not only will you foster open communication, but you will also ensure your assets are protected under any circumstances. Although no one likes to think that they will separate or divorce, it is important to be prepared for every possibility.
The Benefits of a Prenuptial Agreement
So why should you discuss legal agreements during your pre-marriage counselling? Prenuptial agreements/marriage contracts provide a range of benefits to couples, such as:
- Providing Certainty & Protection: You can prevent disputes over property division from cropping up in the future with a prenuptial agreement. This is because you will set out your expectations in a legally binding way before a separation or divorce ever happens.
- Protect Individuals from Financial Risk: If either you or your partner owns significant assets before you get married, you can make sure your property is protected.
- Tailored to Your Situation: Marriage contracts give you the flexibility to include or exclude provisions depending on your specific circumstances. You may choose to only cover specific things, like a family trust, while leaving everything else as default under Ontario law. Conversely, you may choose to address all of your assets and future expectations for the sake of security and clarity.
- Encourage Transparency: When you discuss finances and financial matters before you get married, you can strengthen the trust you have with your partner.
Want to Create a Legal Agreement Before You Get Married? Contact Gelman & Associates Today
Pre-marriage counselling can play an important role in helping you and your partner set both emotional and legal expectations before you get married. While counsellors cannot provide legal advice, you can begin to discuss what your marriage contract might look like with their assistance. An experienced lawyer will help you ensure that any legal agreements you draft in relation to your partnership are legally binding and fair.
At Gelman & Associates, our Toronto family lawyers help couples prepare for marriage with customized prenuptial agreements tailored to their needs. If you want to discuss your options, contact our legal team today for a confidential consultation.
