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Family Lawyer to create marriage contract

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  • Feb 27th, 2020 9:18 am
[OP]
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Mar 23, 2015
201 posts
26 upvotes
Burlington, ON

Family Lawyer to create marriage contract

Hi Guys,

My wife and I want to create a legal marriage contract and looking for lawyer/s to do it.

We mutually agreed on all items on this contract already and just want to legalize it.

Do any of you know any reasonably priced lawyers or law firms that can help us?

Please let me know.

Ildasm
9 replies
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Dec 11, 2003
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Toronto
I'm not able to point you to anybody but I was wondering if you are looking to get a prenup written up.
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[OP]
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Mar 23, 2015
201 posts
26 upvotes
Burlington, ON
That's correct. I am looking for a law firm, preferably close to where we live. I live in Burlington.
[OP]
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Mar 23, 2015
201 posts
26 upvotes
Burlington, ON
Kiraly wrote: I'd "mutually agree" to anything if you were pointing that thing in your avatar at me...
I don't know how to react to your comment. Should I be offended or just laugh at it?

I took this picture in Oshawa tank museum. They have many things like this on display. I strongly recommend to visit this place for anyone who like tanks and anything war related. I am history junky and visiting museums is my hobby.
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Sep 19, 2005
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Ildasm wrote: That's correct. I am looking for a law firm, preferably close to where we live. I live in Burlington.
You will need two separate law firms. One for you and one for your wife. A prenuptial agreement has to be fair for both of you. For it to be legal, you and your future wife both have to get advice and guidance from independent legal counsel.

It is done this way to make sure that neither of you is coerced into signing an agreement that isn't in his/her best interest (for example, you might wish to retain all of your assets and property from before marriage and leave her with nothing in case of divorce. That would not be acceptable in court).
Deal Expert
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Jan 9, 2011
15823 posts
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Vancouver
Ildasm wrote: I don't know how to react to your comment. Should I be offended or just laugh at it?

I took this picture in Oshawa tank museum. They have many things like this on display. I strongly recommend to visit this place for anyone who like tanks and anything war related. I am history junky and visiting museums is my hobby.
Try laughing. Getting offended at everything is a trend we can do without.
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Jan 7, 2002
26775 posts
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Waterloo, ON
retrothing wrote: You will need two separate law firms. One for you and one for your wife. A prenuptial agreement has to be fair for both of you. For it to be legal, you and your future wife both have to get advice and guidance from independent legal counsel.

It is done this way to make sure that neither of you is coerced into signing an agreement that isn't in his/her best interest (for example, you might wish to retain all of your assets and property from before marriage and leave her with nothing in case of divorce. That would not be acceptable in court).
Not necessarily. The two parties can sign a waiver in which they acknowledge the single lawyer's conflict of interest and absolve that lawyer of any liability that might arise from this arrangement.

This works well when both parties are in agreement about the terms of the marriage contract as the OP claims is the case. My wife and I did this years ago. One advantage of doing it this way is that it's a lot cheaper. Less than half the cost of two lawyers since there's nothing for them to arguenegotiate over at your mutual expense.

As for finding a good lawyer, I'd ask friends and colleagues in the OP's area for recommendations based on personal experiences. I'd look for a solo practitioner or member of a small firm who specializes in family law and who knows how to listen.
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bylo wrote: Not necessarily. The two parties can sign a waiver in which they acknowledge the single lawyer's conflict of interest and absolve that lawyer of any liability that might arise from this arrangement.
In Alberta, independent legal advice is required. I would also argue that *not* obtaining independent legal advice could be grounds for invalidating the agreement.
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Jan 7, 2002
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retrothing wrote: In Alberta, independent legal advice is required. I would also argue that *not* obtaining independent legal advice could be grounds for invalidating the agreement.
Well OP is in Ontario where the rules may be different. Or perhaps the rules have changed since we did this some years ago. In any case, the first lawyer they contact should know what the current rules are in ON.

When we did it the lawyer warned us several times about the risks to both of us in using the same lawyer. We respected him for doing that. But we knew what we wanted, as the OP says he and his partner do. So in our considered opinion these risks were negligible and we were prepared to take them. Neither of us have any regrets about this. Then again we're still together and have no major issues to disagree over so that's really moot.

There may also be distinction between a childless couple and one with children. In the latter situation those childrens' rights and best interests also have to be considered. Again any lawyer should be able to clarify this.
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