Link style in the Prenuptial Agreement

Aug 6th, 2022
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How to link style in the Prenuptial Agreement

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Katie Michelson, a partner at Biermann LLP, specializes in domestic relations and matrimonial law. In her discussion on prenuptial agreements, she addresses the common misconception that such agreements are only for the wealthy. She clarifies that many individuals seek prenuptial agreements to plan for asset and income allocation in case of divorce or death, regardless of their financial status. There is no requirement for significant assets or income to enter into a prenuptial agreement. These agreements can vary widely in complexity, ranging from simple to extensive documentation, depending on the preferences of the individuals involved.

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There are many reasons a cohabitation agreement can be considered invalid, and sometimes the slightest error can make a contract not legally binding. The law also requires that you and your partner each obtain independent legal advice prior to entering into a cohabitation agreement for it to be legally binding.
If you are honest about why you want one and give a full disclosure of your assets to each other, it should not be a deal breaker. If signing a prenup turns out to be a deal breaker for your future spouse, then perhaps they are not the right person for you.
Alternatively, a cohabitation agreement may be voidable for a reason which, at common law, could void a contract. In other words, if there is evidence to suggest that a party signed the agreement under duress or through fraud, the agreement may not be upheld.
With the case law as our guide, what can we take away as the Alberta Benchs approach to the validity of Pre-Nuptial and Cohabitation Agreements? It would be fair to say that, to date, these Agreements are overwhelmingly held valid and enforceable when challenged.
Technically your contract can be enforceable if it is made in writing, signed by both parties and witnessed. However, in order to ensure that your agreement is not challenged by your partner in the future, it is highly advisable that you both receive independent legal advice.
Yes, cohabitation and prenuptial agreements can be challenged and potentially overturned in court if they are deemed unfair, invalid, or for other reasons. Generally, though, the court will want to encourage and uphold agreements made for this purpose.
The infidelity clause an up-and-coming trend in prenuptial agreements seeks to ensure that there are financial consequences for the cheater if that vow is broken. Infidelity clauses are quickly becoming the most popular lifestyle clauses in pre- and postnuptial agreements.
What is a Cohabitation Agreement? A Cohabitation Agreement is a contract that establishes the rights and responsibilities of a couple that lives together but is not married.

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