Question 1

What if I have an Agreement (Prenuptial, Postnuptial or Cohabitation Agreement) and I disagree with it now or your spouse disagrees with it now?"

Accepted Answer

Depending on the nature of the Agreement, the manner in which the agreement was drafted, and the circumstances in which it was signed, the Courts will either accept it as completely binding on the parties, or it will have little importance. A well-crafted Agreement that was signed by each party without undue pressure or influence with independent legal advice is the gold standard, and very likely a case in which the Court will find the agreement to be wholly binding.

A truly unfair agreement, one where one spouse takes everything and the other is left with nothing, that was signed under extreme pressure, and without the assistance of a lawyer, is less likely to be persuasive for the Court.

Contact R&R Legal Group  today to discuss your agreement, situation, and what we can do for you.

Question 2

What if we have more debts than assets?

Accepted Answer

If you have more debts than assets, then usually the debts would be split equally and each person would have a portion of the debts in their name leaving the relationship. Sometimes there can be exceptions wherein certain debts are not family property and you or your spouse do not have to split those debts.

Question 3

What if the property is outside of Canada?

Accepted Answer

If the property is outside of Canada, then the Court typically would not be able to make an Order in regards to that property. However, The Family Property Act includes a provision that the Courts of Saskatchewan can take into account property that is outside of Canada in making determinations as to what a fair division of property is.

Question 4

Can I make an Agreement with my former spouse without a Lawyer?

Accepted Answer

It is very common today that people are using AI and other resources to draft separation agreements, cohabitation/ pre-nup agreements, and other legal documents without a lawyer.  Each person's experience sourcing a 'starting point' is different and the quality of the outcomes vary as well.

Most people are able to legal enter into agreements with your spouse. You are free to draft and sign your own agreement. Our advice is that these agreements can have a outsized impact on your life, and for that reason, it is best to invest the money to ensure that it is done correctly.

An improperly drafted agreement may not accomplish exactly what you intend, but you may be stuck with the outcome regardless. Our lawyers have many years of experience in drafting agreements for clients, ensuring that the agreement does what our clients want them to do.

If you have drafted your own agreement, we typically recommend having a lawyer review it with you prior to signing. That meeting can help you close the gaps, or maybe convince you that getting professional help is worthwhile. Feel free to contact R&R Legal to see what our lawyers can do with your agreement today.

Frequently Asked Questions

What if I have an Agreement (Prenuptial, Postnuptial or Cohabitation Agreement) and I disagree with it now or your spouse disagrees with it now?"

What if we have more debts than assets?

What if the property is outside of Canada?

Can I make an Agreement with my former spouse without a Lawyer?