Prenuptial Agreement Forms | Prenup Templates (Part 6): Getting Releases
Please note that the information provided herein is not legal advice and is provided for informational and educational purposes only. If you need legal advice with respect to getting a prenuptial agreement, you should seek professional assistance (e.g. make a post on Dynamic Lawyers). They have Toronto, Ottawa, Hamilton, Brampton, Mississauga and other Ontario lawyers registered to help you. They will soon be offering Prenuptial Agreements in their Legal Forms + Video Guides section.
This is the sixth of a series of blog posts Toronto Lawyer Michael Carabash is writing about prenups or prenuptial agreements for Ontario. In the first blog,he discussed what they are, when are they used, and what is required for them to be valid and enforceable. In this blog, he’ll discuss how they can be challenged. In the second blog,he reviewed Loy v. Loy – a Ontario Superior Court of Justice case which reviewed the jurisprudence concerning how prenuptial agreements (and other domestic contracts) can be challenged. In the third blog, I’m discussed some tips that will help mitigate against future challenges to prenups. In the fourth blog,he talked about about what happens if a prenup is set aside (in other words, what will govern the division of property, spousal support, etc.)? He also discussed the doctrines of UNJUST ENRICHMENT, CONSTRUCTIVE TRUST, and RESULTING TRUST - which can be used by a party to claim to assert property claims. In the fifth blog, discussed ownership and division of property can be dealt with in a prenuptial agreement template. In this blog,he’s going to focus on the idea of requiring a spouse to release your estate from claims through your prenuptial agreement.
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