We have a prenup done ourselves & are wondering what the next step is! We are in our 50's and just basically, when

Expert's Assistant chat
Customer: Hello! we have a prenup done ourselves & are wondering what the next step is!
JA: What are the basic terms of the prenup?
Customer: we are in our 50's and just basically, when marriage ends, whether divorce or death, to take with us, what we have of our own
JA: Where are you located? Prenuptial rules vary by state.
Customer: alberta..is this a US site?
JA: Anything else you want the Lawyer to know before I connect you?
Customer: just a couple of more details I guess..he would pay my trip back to Alberta from NL when the marriage ends..also, buying a house in NL together so would want my share if I move back to Alberta
Answered by ulysses101 in 36 mins 2 years ago
imglogo
ulysses101
10+ years of experience
logo

9186 Satisfied customers

Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

logoimgimgVerified lawyers, 10+ years of experience
Chat with a Lawyer in minutes, 24/7
imglogo

Verified lawyers, 10+ years of experience

Save time and money. Get specialized help.

imglogo
ulysses101
10+ years of experience
logo

9186 Satisfied customers

Jessica

Jessica

Consultant

31,131 Satisfied customers

Pearl avatar
Lawyer's, Assistant
14 Lawyers are online right now.
img

ulysses101, Expert

Hello, thank you for the question.

A prenuptial agreement is a smart thing, but it needs to be clear. It doesn't need to be short, it needs to be clear.

So it should list all of the assets and debts that each is bringing to the relationship.

It should say what will happen with any home purchased during the marriage; who will pay for what and contribute in what fashion, and if there are special agreements about how to divide the equity in the home if separation occurs while the home is still owned by either of you, and that if while together you sell the home and buy another that the same arrangements will apply or different arrangements will be written and added to the prenup.

Make sure to address how you'll split the growth of assets you're bringing into the relationship. If each of you has a separate investment/TFSA/RRSP/employment pension, is the growth in that solely belonging to the owner? Even if the owner is putting money into it from earnings while together? Maybe you should be given an amount you can invest to keep as "your own" each year you're together? And does any unused portion carry over?

If either of you has any children or dependents, you probably want it to say that neither of you shall be held to be responsible for personal, physical, or financial support to the dependents of the other.

You'll want to say something about spousal support. You can say that entitlement and quantum of support shall be negotiated in good faith under the circumstances that exist at separation, or you can say that neither is to be held to be responsible for spousal support towards the other under any circumstances given that you are each financially independent at the time of your union and intend to be so during the marriage, and afterwards as well if there is a separation.

Lastly, you can say that any divorce will be sought on the grounds of being separate and apart for one year, and then say who shall apply and pay for the divorce, and that as long as a divorce only is sought the other shall not oppose the application.

Those are the major points. There are examples of prenups online that you can look at to see if they contain topics which you think you should as well. But be careful of simply filling out one you found online. If you're doing this without lawyers, then it has to be absolutely clear to each of you what it says and what you're agreeing to. Don't fill it with legal language. Keep it plain.

Is that a good place to start?

If I have answered you, may I please have a service rating? Ratings are how I get credit from the site for helping its customers. Five stars is best, ***** ***** top of your webpage, or if you're on the app the site will send you an email to rate. I'd appreciate it very much. If you can't find where to rate, I can ask the site to enter a rating for you if you tell me to.

Customer
That's SO helpful & yes, we're ready for those questions but, can we make this up ourselves, with an online template & bring to a lawyer, to save on costs?
img

ulysses101, Expert

Yes, of course. Just keep it plain. Unless each of you has independent legal advice, you have to keep it layman's terminology.

Anything else? I'm here if you have further question or comment on the topic.

In the meantime, may I please have that service rating?

Customer
Ok thanks..yep & I can contact u for the next 7 days?
img

ulysses101, Expert

The thread will stay open for that long.

Customer
That's great ok!
Customer
how do I give u a rating?
img

ulysses101, Expert

If you're on a webpage on a PC you'll see a row of stars at the top of the page. You can click on that, five stars is best.

If on a device, the site will have sent you an email with a link.

If you can't find it, I can ask the site to enter a rating for you if you clearly ask me to do so.

Ask a lawyer and get your legal questions answered.
See all Legal Questions
img
Related Legal Questions
How it works
logoAsk for help, 24/7
Ask for help, 24/7
Members enjoy round-the-clock access to 12,000+ verified Experts, including doctors, lawyers, tech support, mechanics, vets, home repair pros, more.
logoExpert will respond in minutes
Expert will respond in minutes
After you reach out, we match you with an Expert who specializes in your situation. Talk, text, chat, whichever you prefer.
logoSave time & money
Save time & money
No scheduling hassles, missing time from work, or expensive consults.
A JustAnswer membership can save you significant time and money each month.
img
logo 593 Verified lawyers, 10+ years of experience
DISCLAIMER: Answers from Experts on Askalawyeroncall.com are not substitutes for the advice of an attorney. Askalawyeroncall.com is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response as proposing specific action or addressing your specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances should be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on any information received from an Expert, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from independent, freelance Experts, who are not employed by Askalawyeroncall.com . The site and services are provided “as is”. To view the verified credentials of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
Explore law categories
Powered by JustAnswer