Some couples don’t want to think of the possibility of splitting up, separation or divorce in their lives. Some are aware of statistics. Some consider their property to be quite insignificant to worry about a marriage contract. Some have great ambitions and think that by the time there will some property to take into account.
Some couples don’t even bother to marry. Some do it all “by the book.”
Marriage contract — reasons
In Quebec, can you make all of your property untouchable in case of a divorce by way of a marriage contract? No. But a significant part of it — yes.
To put it simple, in there is no marriage contract (or a prenuptial agreement), everything is partitioned equally (there are nuances and exceptions). But if a proper marriage contract is made before a notary, only the family residences, furniture, cars and pension plans are split 50/50. The rest (including the debts, investments, business ventures, etc.) stay with the one in whose name the property is registered or in whose possession it is located. (Again, there are nuances, so a consultation with a lawyer is very much advisable, but the big picture is there).
It is important to mention that one spouse’s death is considered to be a marriage dissolution, so the surviving spouse can pretend to his(her) share of the family property as well. Here, a marriage contract might also save a lot of trouble, particularly to the children and heirs.
Need for a lawyer
Consulting a lawyer might become a necessity, if the marriage was celebrated and the contract (if any) was signed abroad. Legal rules regarding marriage and divorce differ significantly from one jurisdiction to another. There might be a situation where a Court of one country has jurisdiction, but the law of another should be applied (or more than one, and to a different extent). To get through all of this and understand your rights, obligation and the room for maneuver, make it sure that you have received a competent advice.
Allen Madelin Lawyers provide consultations and representation in family law cases. In need, please contact us by phone: 1 514 904 4017 or by email: [email protected].
