After two years marred by the health crisis, enthusiasm for marriage is returning. Without a marriage contract, in the event of death or separation, the community of inheritance that applies when your assets are separated will apply.
Many adventures and calculations later, a Terrebonne couple divorced in 2021. The prenuptial agreement allows them to separate their assets without having to divide them. The lord thus retains the entire value of the farm that he has managed.
More flexibility
However, his ex-wife helped him with accounting for several years. Madame then requests a review of the family assets and recognition of her contribution. Thanks to the marriage contract, Monsieur avoids dividing the value of his half of the farm. On the other hand, he had to pay him a contribution for unjust enrichment.
Although not attractive, a prenuptial agreement allows the couple to choose their marital status, predict what will happen in the event of a separation or death, and determine benefits for the wife, spouse, or children. In other words, the prenuptial agreement sets out more flexible and flexible marriage rules depending on your wishes.
Expect the unexpected
In a 2011 case, a Beauce woman and her children disagreed about her late husband’s inheritance. The widow benefits from all assets specified in the marriage contract. Problem: The will written the day after the marriage contract was signed gives the children the right to inherit the remaining assets. The court ruled, upheld the marriage contract and confirmed that the widow must inherit all the property.
Although rare, a prenuptial agreement may provide for donations to benefit the other partner or their children. They can refer to goods, buildings or amounts of money. They can be made in advance of a death or during the lifetime of the spouses, for example to enable a gift in the event of a divorce and to compensate the person who would have made a larger contribution to the costs of the marriage.
A contract is created!
A marriage contract can be changed at any time. In the event of a change, a new contract will then be created. This document must be drawn up with the consent of all people involved in the first marriage contract.
Informative text – This text does not constitute legal advice; It is recommended that you consult a lawyer or notary for such an opinion. Éducaloi is a non-profit organization whose mission is to inform Quebecers in clear language about their rights and responsibilities.