Cohabitation Agreements If you’re not married and you are living with someone (or planning to), your financial affairs can be negatively affected! In Ontario, common law spouses can claim support under the Family Law Act and also make claims to your assets on the basis of equitable doctrines (e.g. unjust enrichment, constructive trust, etc.). You […]
prenuptial agreement form
Prenuptial Agreement. We just released a long-awaited Prenuptial Agreement for Ontario (avoid financial obligations during and after marriage).
Prenuptial Agreements | Prenup Template. Here comes legal form + video guide #28:Prenuptial Agreement for couples who are about to marry but wish to avoid creating financial consequences as a result. This legal form can be used by two individuals who want to get married but who don’t want their marriage to create any financial obligations on them.
In the fourth blog, I talked about about what happens if a prenup is set aside (in other words, what will govern the division of property, spousal support, etc.)? I also discussed the doctrines of UNJUST ENRICHMENT, CONSTRUCTIVE TRUST, and RESULTING TRUST – which can be used by a party to claim to assert property claims. In the fifth blog, discussed ownership and division of property can be dealt with in a prenuptial agreement template. In this blog, I’m going to focus on the idea of requiring a spouse to release your estate from claims through your prenuptial agreement.
This is the fifth of a series of blog posts I’m writing about prenups or prenuptial agreements for Ontario. In the first blog, I discussed what they are, when are they used, and what is required for them to be valid and enforceable. In this blog, I’ll discuss how they can be challenged. In the second blog, I reviewed Loy v. Loy – a Ontario Superior Court of Justice case which reviewed the jurisprudence concerning how prenuptial agreements (and other domestic contracts) can be challenged. In the third blog, I’m discussed some tips that will help mitigate against future challenges to prenups. In the fourth blog, I talked about about what happens if a prenup is set aside (in other words, what will govern the division of property, spousal support, etc.)? I’ll also discuss the doctrines of UNJUST ENRICHMENT, CONSTRUCTIVE TRUST, and RESULTING TRUST – which all doctrines based on equity which can be used by a party to claim that they are entitled to certain property. In this blog, I’m going to talk about how ownership and division of property can be dealt with in a prenuptial agreement template.