Getting a divorce requires some legal procedures. These procedures are carried out according to Canadian Law. The legal procedures involved can get pretty long and complex. A Prenuptial agreement is a way to make the divorce process simple, fast, and easy.
As family lawyers, we understand that this seemingly simple divorce process often involves long hearings, arbitration, legal formalities, and much more. However, this process is made simple and quick with the help of a prenuptial agreement that is signed by both parties before marriage.
A prenuptial agreement is made to cover the financial and property rights of both spouses in case of divorce. The agreement is made before the marriage so that both parties can record their terms and conditions, which will be followed in case they want to part ways after marriage.
Divorce Process Without A Prenuptial Agreement
If the couple has not signed a prenuptial agreement, they have to complete the simple divorce process described by Canadian Law. In this case, the spouse who wants to claim a divorce files a divorce petition. As a result, the court sends a letter to the other member, who then submits a response to the divorce petition within 20 days.
In the next step, the factors such as property rights, spouse support, and asset division are settled. Child support and guardianship rights are also settled by the collaboration of both parties. In case the couple is unable to come to a decision, the case is forwarded to the court. Things are then settled in a public trial according to the facts, figures, and laws.
The court makes the decision by examining evidence, reasons for divorce, property rights, and everything else to make a better decision. After getting a decision from the court, both parties are bound to obey that decision.
Difference In The Process With A Prenuptial Agreement
The prenuptial agreement helps solve things in a better way. This is because the prenuptial agreement already has the decisions of both parties regarding property, bank accounts, investments, shared business, and other assets. The prenup can also mention the decisions about any debt taken by both parties. It also includes the details about spousal support.
Accordingly, a lawyer settles the disputes according to the decisions made in the prenup. The settlements made according to prenup are not challenged by any of the parties.
Child Guardianship And Parenting Time
Prenuptials do not cover child guardianship and support matters. If the couple has children, they have to approach the court for child decision-making disputes. The court makes the child guardianship decisions according to Canadian family law. The court considers various factors for child decision-making and then gives the decision which is considered in the best interest of the children.
Prenuptial Agreements Minimize Conflicts
The prenuptial agreement helps in minimizing the conflicts which may arise in the divorce process due to the difference in the needs of both parties. However, a prenuptial agreement helps both parties make these decisions in advance in a good state of mind.
When financial matters are solved with the help of a prenuptial agreement, the issue of child decision-making becomes easier. Hence, the prenuptial agreement reduces conflict, makes the divorce process smoother, helps the lawyer solve all matters quickly, and minimizes the depression level of both parties.
Rejection Of Prenuptial
Prenuptials can be rejected by any of the spouses. They have to make a rejection request in court. The request is then entertained, and the judge checks the agreement details. If the agreement does not fulfill the basic format or other requirements, then the agreement is canceled. This makes the process complex and frustrating. It can also delay the divorce process.
The rejection of a prenuptial is possible if it is not created according to the valid rules and lacks necessary formalities. In this case, it is considered that the prenuptial does not fulfill the desired format. Therefore, people will try to ensure that the agreement is not rejected as it can make the situation overwhelming. To minimize the chances of prenuptial cancellation, it should be prepared by a professional lawyer.
About Peak Family Law
Peak Family Law can help you solve your legal issues regarding divorce and separation. During our time together, our experienced lawyer will understand your problems and prescribe legal actions to solve the issue. We will also guide you about the actions that you should take. You can contact us any time for assistance.