You and your partner are moving in together, or you have just set a wedding date. These are both happy events and are likely filling you with a lot of excitement, planning, and optimism. So why spoil the moment with talk of a prenuptial agreement? Prenups, or “domestic contracts” as they are called in Canada, are a difficult topic to bring up with your partner, especially if you are not sure if they will be on board with the idea. “Holler, ‘we want prenup!’” is a pop-culture phrase we are familiar with thanks to Kanye West and Jamie Foxx, but singing this may not be the best way to break the ice with your partner.
Why You May Want One
In Ontario, when you marry, the default is that if you were to separate, everything accumulated during marriage would be divided equally. This includes sole or joint assets and debts. If you are common law, there is not automatic presumption of equal division on separation, but there may be circumstances in your relationship that give you the ability to make a claim for assets to be divided. It’s important to discuss your particular situation with a family law lawyer.
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