No matter where you get married, whether you or your spouse or both are currently living in Quebec or intending to live in Quebec after your marriage, our marriage arrangement will not work for you. Contact a local lawyer to discuss your options. Historically, the courts have regarded marital agreements as a matter of public policy. The prevailing attitude was that a conjugal agreement transformed what was to be the most intimate and sacred bond into a financial arrangement. Then, in the late 1960s and early 1970s, something happened. Social values have developed and the courts have begun to realize that a marriage is a kind of financial convention in every respect. The courts began to understand that practical considerations made marital agreements good for couples and, as a result, they began to enforce them. A couple might want their agreement verified by a lawyer. If so, remember that each partner is required to seek legal advice from their own lawyer (i.e. independent legal advice) to avoid problems such as coercion or fraud. 4. Children: If one or both parties have children from a previous relationship, they can indicate this in this section.
This part of the agreement allows the parties to dictate whether they intend to provide adequate shelter and support to other children from a previous relationship, without creating an obligation to continue that support if the marriage ends. This section also allows the contracting parties to list all the children they have had together and to include child care arrangements if the parties separate. In the legal orders that follow the uniform of the pre-ministerial agreement – and most of them do – there are several requirements for a valid marriage agreement. First, the agreement must be written; there is no oral marriage contract. Second, the agreement must be implemented on a voluntary basis; if it is established that one of the parties signed the document under duress or unfair pressure from the other party, it will not be applied. Third, the agreement must not be unacceptable; If it leaves a party without resources or unreasonably weighs on a party, it is not taxed. Finally, the agreement must be executed effectively by both parties “in the manner in which an act can be recorded”, in other words, the Prenup must be notarized. Signing Terms (No. 32-922) A preliminary contract must be signed by both parties. There is no need for a witness or notary, but recommended.
As mentioned above, marital agreements protect more than one party who enters into a marriage with a disproportionate fortune. In the absence of a conjugal agreement and in the absence of a valid will, the law will decide what estate will go to the surviving spouse, regardless of the deceased spouse`s actual intentions. In addition, it makes sense for couples to understand the financial rights and obligations they have before entering into marriage. The aforementioned marital conditions are not only necessary at the time of the signing of the agreement, but must be maintained for the duration of the marriage, so that the agreement is enforceable in the event of the dissolution of the marriage. One of the conditions of a valid marriage agreement could be, for example, that the matrimonial home be returned to one of the parties after the dissolution of the marriage.