Pre-nuptial agreements under Canadian law are legal and binding contracts. There are only a couple of known and acceptable ways to void such an agreement. You will need a family lawyer who is well-versed in pre-nuptial agreements under Canadian law if you even hope to void the contract you have with your spouse. The lawyer will attempt to void it in the following ways.
Dissecting the "Pre-Nup"
Your lawyer will first want to see a copy of the agreement in order to go through it line by line. If there is anything illegal about what your spouse asks or demands of you in a divorce, then you can void your contract this way. Otherwise, your lawyer will look for clauses that unfairly demand too much or give too little to you should your marriage with your partner dissolve. Most pre-nuptial agreements are fairly straightforward and do not use a lot of paper, but a few others might be quite extensive in an attempt to to get and keep everything from the marriage you had with your spouse.
Deciding What Is Unfair in the Eyes of the Legal System
If there are sections of your pre-nup that state you cannot take anything with you except a change of clothes and shoes, your purse and/or wallet (sans everything but your ID), and anything that was given to you exclusively by your own family, then the contract may be "unfair." Gifts given to the both of you should be shared or sold and split, while gifts given to each other may also be kept. If your soon-to-be-ex-spouse demands to keep nearly everything the two of you currently own and not return anything you brought into the marriage, you may very well have a case that allows you to void the agreement.
What the Tribunal Feels You May Be Entitled To
If you came into the marriage making less money than your spouse and/or you now make equal pay, the tribunal will take that into account. The judge may decide that you are entitled to void the pre-nup on grounds of unfairness if you are equal in all matters or you would be severely financially stricken and in need at the time of the marital dissolution. Being equal means that your spouse would get more than what he or she came into the marriage with, which is why being equal could be considered "unfair" with regards to the prenuptial agreement. You may even be awarded support if the pre-nup is voided and you would be impoverished by your ex-spouse's actions.
There is a family law firm in your area you can contact for more details. Check it out here.Share