Marriage Contracts / Domestic Contracts and Your Calgary Divorce: Part 2
October 28, 2016
You might think that a domestic contract—commonly called prenuptial agreement or "prenup"—would make a Calgary divorce a simple, black and white affair: the contract lays out exactly who gets what, so there shouldn't be any disagreement. As we explained in Part 1 of this article, though, domestic contracts can be altered, and judges may choose not to enforce some or all of a domestic contract based on a variety of factors.
First and foremost, if there is any legal issue that might render the contract invalid—if both parties weren't 18 at the time the contract was signed, if it can be demonstrated that one or both parties did not sufficiently understand the contract and/or was not mentally capable of entering into a contract at the time of signing, if there was undue coercion to convince one or both parties to sign, etc.—then the entire contract can be rendered void. In addition, if it can be demonstrated that one party to the contract was not completely honest when listing property and other financial assets at the time the contract was drawn up, the contract can be adjusted or parts of it can be rendered void by a Calgary judge.
There are also other circumstances that can arise during a marriage that may affect the enforceability of a domestic contract. Fully understanding these circumstances requires legal education and experience, which is why it is highly recommended that you consult with a Calgary divorce lawyer if you are trying to enforce, alter, or revoke a domestic contract.
Calgary Divorce Law Puts Children First
If you and your ex-spouse have children together, the first consideration of the Calgary Court is your children's well-being. Ensuring that children are given the financial support and overall stability they need to complete their education and become successful adults is the top priority in divorce law, and this can potentially lead to a judge altering the terms of a domestic contract—or rejecting certain parts of a contract entirely—if it is deemed to adversely affect the children involved in a divorce.
All Domestic Contracts and Calgary Divorces are Unique
Parts 1 and 2 of this article have covered some of the most basic ways in which a domestic contract might be changed or completely tossed out by a Calgary judge during a divorce. For other, more complex reasons a domestic contract may not be upheld, please read Part 3. For answers to specific questions regarding your Calgary divorce, please contact our office to schedule an appointment today.
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