Prenuptial Agreement in BC
Thomas and Associates has a team of highly rated prenuptial agreement lawyers in Vancouver. Our team is experienced and understands that your long-term future is riding on the outcome of your divorce judgment.
We provide a personal, hands-on approach that leads our clients through all areas of their family law needs, including divorce, child custody, visitation, support and prenuptial agreements.
Our attorneys have a solid reputation in the family law area. With combined experience of over 38 years, Thomas and Associates has provided personalized advice and legal representation in family law. Our prenuptial agreement lawyers are well-acquainted with accountants, counsellors and other professionals who may provide additional support for your case.
Prenuptial and marital agreements can be very complicated and are often not enforced by a court unless they are carefully written. Our attorneys at Thomas and Associates can assist with the goal of crafting a prenuptial agreement that will be enforceable.
What is a Prenuptial Agreement?
A Prenuptial Agreement, also known as a Marriage Agreement, is a type of contract created by two people before entering into marriage. The goal of a prenuptial agreement is to ensure that YOU keep what’s YOURS and that your spouse keeps what is theirs. This contract could outline each party’s responsibilities and property rights for the duration of the marriage. More commonly, prenuptial agreements outline terms and conditions associated with dividing up financial assets and responsibilities if the marriage dissolves.
Generally, a “prenup” contains a list of each party’s individual assets, some indication of which individual assets will remain the property of each spouse in the event of a divorce, guidelines on how property acquired during the marriage will be divided in a divorce, responsibility for debts acquired before and during the marriage, and some outline the spousal support that will be payable (also known as alimony), if the marriage should end.
What happens if you don’t have a Prenup?
Marriage is considered to be a contract between the marrying couple; and, with that contract comes certain automatic property rights for each spouse. For example, in the absence of a prenup stating otherwise, a spouse usually has the right to:
- make a claim to property acquired during marriage, with the expectation that the property will be divided between the spouses in the event of a divorce
- incur debts during marriage that the other spouse may be equally responsible for, and
- share in the management and control of any family property, sometimes including the right to sell it or give it away.
Reasons Why You Should Have A Prenuptial Agreement:
- Protection of inheritance: If you do anticipate inheriting money, property, or other assets from a loved one at some point in the future, your prenup can help ensure it remains in your sole possession.
- You have prior debts: Whether this is your first marriage, or you are previously divorced, you may have outstanding debts that need to be dealt with. Your prenup can specify these debts as belonging to an individual party, while also designating how they will be paid.
- You own a business: If you have your own business or a partnership with another, it is important to realize that your future spouse’s contributions during your marriage to that business could result in an ownership interest.
Why Choose Thomas & Associates?
At Thomas & Associates we are committed to our clients. We’re not just a team of attorneys, we are problem solvers, and we remain committed to improving our processes and expanding our services to meet the legal demands of the communities we serve.
We’re dedicated to serving and representing each client with the integrity, knowledge, and compassion they deserve. Our ability to understand complex circumstances enables us to handle cases respectfully, and our reputation in the courtroom earns our client’s real results.
When you are getting married, the last thing you want to prepare for is divorce. But planning for any scenario is smart and practical. Putting a prenuptial agreement into place will protect both parties should the marriage fail. Many couples enjoy a lifelong marriage without any need for it, but many divorced couples breathe a sigh of relief that they entered into this agreement. If you require a prenuptial agreement, contact our lawyers at Thomas and Associates for the smart way forward.