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It can take up to three to four weeks to process the application, so if you wish to choose this option, you need to allow sufficient time. Only current and retired judges, senators, Alberta Members of Parliament, and Alberta Members of the Legislative Assembly and active or former permanent marriage commissioner of Alberta in good standing or an active or former permanent or permanent equivalent marriage commissioner from another Canadian jurisdiction. The court looks at what happened when you first signed the agreement, not at the time that you or your partner challenge the agreement.

Look in the yellow pages under Registries for an office near you, or check the links listed below for a list of registry agents in Alberta. In case we all forget it could and should be the most important contract we ever make in our lives. In fact, marriage contracts are most common in second marriages, blended families or when one or both spouses have significant assets, says Kelly Rivard, vice-president and will and estate consultant at the Royal Bank of Canada's Wealth Management group. Without a prenup in place, if Brad sometimes helped Sarah with the business, then a judge may find that the business is a marital asset and split the business.



If you're thinking of taking the plunge a second time, you should consider whether you need the protection of a prenuptial agreement or marriage contract. By Nancy Kurn, CPA, CDFA®, JD, MBA A prenuptial agreement is a contract that two parties enter into in contemplation of marriage. In most states, until the 1980s, prenuptial agreements were deemed against public policy and not valid to the extent they pertained to divorce or separation. They were considered against public policy because it was thought that they encouraged divorce and allowed the husband to thwart his legal obligation to support his wife. Prior to that time, they were valid to the extent that they pertained to the death of one spouse. In some states, postnuptial agreements are not valid if either spouse is contemplating divorce or separation. Canadian law also recognizes cohabitation agreements for couples of the same or opposite sex that currently, or intend to, live together. First, a brief overview of U. In community-property states Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin , any assets that are acquired during the marriage are marital assets and divided equally between the spouses upon divorce. In equitable-distribution states, any assets acquired during the marriage are divided between the spouses in a fair and equitable manner. In many states, the appreciation in value of a separate asset during the marriage is a marital asset. It can also address what assets remain the separate assets of each spouse and what happens to the appreciation in value of the separate assets. Joe moves in after they marry, and they use the home as their marital home. Although there are limitations in many areas, prenuptial agreements may also cover issues of spousal and child support. The spouses can agree not to contest any estate-planning documents prepared by the other spouse and to give up certain statutory rights upon the death of one spouse. They can also agree to file joint or individual tax returns during the marriage. These provisions are best left out of the agreement, because a judge has no mechanism to enforce them. In addition, you have to be very careful with these provisions, because if they are too unusual, the entire agreement may be deemed invalid by a judge. In addition to addressing how the assets will be divided, it is also important to decide how debts, particularly those acquired before the marriage, will be divided. Limitations Generally, two parties can agree to anything that does not violate any law or oppose public policy interest. For example, contractually encouraging someone to divorce would be against public policy and invalidate the agreement. Otherwise, one spouse is giving up rights to assets that he or she knows nothing about. In addition, the agreement may be deemed invalid if the spousal support is very high, because the agreement then encourages divorce and is against public policy. In Canada, spousal support provisions are valid. In some states, child-support provisions will be upheld as long as the support is not less than the statutory guidelines. In other states and in Canada, provisions regarding child support are invalid. Anything limiting child support to less than statutory amounts cannot be enforced. Child support is governed by state guidelines in all 50 states. A unique circumstance with the prenuptial agreement is the timing of the signing of the agreement. If the groom takes the agreement to the bride the night before their wedding, then she could certainly argue that she signed the agreement under duress, or that she was coerced into signing it. To avoid the argument that the agreement was signed under duress, it should be signed long before the wedding takes place. Some would argue at least 30 days and others recommend before the wedding invitations are sent to the guests. If one spouse is left destitute, the court may decide that the agreement is not valid, because it is unconscionable. Benefits Prenuptial agreements are not just for the wealthy. They are particularly useful in second marriages, where one or both spouses have children from a previous marriage. Mike and Carol are going to be married. Mike is a widower and has three sons. Carol is a widow with three daughters. Both of them have assets that they are bringing to the marriage, including the death benefits they received upon the death of their first spouses. Mike and Carol are contemplating hiring attorneys to prepare a prenuptial agreement to ensure that the assets they received from their deceased spouses will go to their respective children. A prenuptial agreement has numerous benefits. Do not try to prepare one yourselves! Most states require the prenuptial agreement to be signed by the party to be charged with the agreement. Each party should be represented by his or her own lawyer. Generally, this alone will not be sufficient to invalidate the agreement. Additional Issues to Consider Each spouse should draft their estate plans so that they conform to the terms in the prenuptial agreement. You do not want to force your children and surviving spouse to get involved in litigation involving your estate. The costs could result in everyone getting significantly less. You may also want to consider using life insurance to replace assets that go to either your children or your spouse. Mike wants Carol to have the home upon his death. He can purchase insurance, naming his sons as beneficiaries, to replace the proceeds from the sale of his previous home. Prenuptial agreements can be amended or revoked at any time. Some couples add a sunset provision terminating the agreement after a certain period of time, such as ten years. The income has steadily increased at about 20% annually. She is about to marry Brad. This will be the first marriage for both of them, and neither of them have children. Should Sarah have Brad sign a prenuptial agreement to protect her business? If Sarah wants to protect her business and its future growth, then she should have Brad sign a prenuptial agreement. Otherwise, any future increase in the value of the business during the marriage would likely be split between both parties. Without a prenup in place, if Brad sometimes helped Sarah with the business, then a judge may find that the business is a marital asset and split the business. Sarah must hire an expert to perform a business valuation; better still, she and Brad could jointly decide on the expert that will perform the valuation, or each of them could hire their own expert and then average the two valuations. If this is done, then Brad would have a difficult time challenging the value of the business. Canadian Marriage Contracts By Michael G. In fact, a marriage contract can overlap in many of its functions with a Will. A cohabitation agreement is automatically converted into a binding marriage contract if the couple gets married. Marriage contracts and cohabitation agreements can also establish some rules and regulations for how the couple manage their day-to-day marriage, not just their separation. In every Canadian province, marriage creates an economic partnership, the fruits of which will be divided between the husband and the wife should they decide to separate and divorce — unless a couple agrees otherwise in a marriage contract. A marriage contract allows couples to opt out of provincial law with respect to property. A marriage contract, if drafted and signed properly, is legally binding. Cochrane is a Partner at Ricketts, Harris LLP and has practiced law in both the public and the private sectors for 28 years. Cochrane can be reached at 416-364-6211.

For a complete list of permanent marriage commissioners see the Marriage Commissioner Listing on the Service Alberta website or contact an Alberta registry agent office. If you or your spouse is under age, and you were north without having the necessary consents from parents or guardians, your marriage will still be valid if you had sex before marriage, if you have had sex since the ceremony, or if you are living together as husband and wife. When you get married, there are several options sincere to you. This means your agreement is made in a way that allows the court to order you or your partner to do what the agreement says. If the contract itself was unconscionable, then the law of contract would permit such a contract to be set solo. You may marry under the age of 16 if you get a letter from a medical doctor saying that you are the mother of a living child or you are pregnant. These provisions are best left out of the agreement, because a judge has no mechanism to enforce them. It cannot prime with custody of or access to children since those issues must be determined in the children's best interests in the context of the facts existing at the time contract marriage in canada separation. But once you take the plunge and devote the time and effort and expense necessary to properly plan, you sincere the tasks at hand and place your documents into the safety deposit box. Reasons to change or cancel your agreement There are many reasons why you might want to change or cancel your agreement.