How would a couple go about completing a prenuptial agreement after the wedding has taken place (2+ years). Would it be the same sort of process? What are the laws related to divorce in the Province of Alberta and splitting property? If, for instance, one partner was adamant that if a certain situation were to occur, the other person gives up all rights to any marital property, could this be written into an agreement? How much does it cost to have this sort of agreement created by a lawyer?
I don’t see why not. A prenup is just a contract, after all. If the parties are in agreement as to all terms and conditions two years after the wedding, then it seems to me that there is no reason they cannot draw up a contract reflecting that.
That’s a huge question, and IMHO, far too much to get into details here. I will say that generally speaking, divorce can occur for three reasons: (a) adultery; (b), separation for a year or more; or (c), cruelty. As far as division of property goes, see the Matrimonial Property Act(“MPA”), RSA 2000, c. M-8–in short, and very generally speaking, the idea is that the couple divides the assets and liabilities acquired during the marriage equally.
Probably not. I say “probably” because I seen homemade contracts such as you describe that simply will not stand up in court, should they be challenged. Typically, the party who is giving up rights, and/or who did not draft the contract, will have to get (and perhaps produce, at a future date) a “Certificate of Independent Legal Advice,” indicating that they have met with a lawyer who has explained their rights under the proposed contract to them. If, in spite of what they have been told by the lawyer, they choose to enter into such a contract; well, more power to them. If they enter into the contract without legal advice, there is a good chance that the contract will be found to be unenforceable, should they change their mind later.
Note that this can all be dependent upon the wishes of the parties and the contract that eventually ensues. Not knowing any details, my remarks above are necessarily general. If you are in a situation such as you describe, see a lawyer for advice appropriate to your situation.
Note also that I do not know, off the top of my head, whether the MPA allows parties to “contract out” if it. It is possible that the MPA contains a provision preventing parties from entering into contracts that negate or ignore or are otherwise designed to override the MPA’s provisions–having not read it lately, I cannot recall.
Ask the lawyer you consult, prior to the consultation. They are usually happy to quote, though you should note that it will probably be a ballpark figure because the bottom line can vary depending on how complex or how simple your situation turns out to be.
EmAnJ, should you wish a more detailed and/or specific answer, then PM me. As you can understand, I am a little leery of stating anything other than general principles on the public board.
