In recent years postnuptial agreements have gained popularity and there are several reasons a couple may wish to adopt a postnuptial agreement. If there is no prenuptial agreement in place, a couple may determine they still want to have a financial plan in the event of death or divorce. Alternatively, a change in the couple’s financial circumstances, such as an inheritance, may require a change to the terms of a couple's existing prenuptial agreement.

To ensure that your postnuptial agreement is valid and enforceable, the agreement must be in writing, signed and witnessed, contain a complete disclosure of assets, debts and liabilities, and each party must have had equal bargaining power and contain a statement from both parties that independent legal advice was obtained.

Among others, this form includes the following provisions:

• Separate Property Specified: Identifies the property that remains the separate property of each spouse
• Shared Property Specified: Identifies the property that is shared by the spouses
• Determination of Type of Property: Clarifies how the property type, whether separate or shared, will be determined
• Alimony, Support, and Maintenance: Provides for any alimony, support and maintenance should a divorce occur
• Wills and Other Transfers of Properties: Specifies the effects divorce will have on other transfers of properties

This lawyer-prepared packet contains:

1. Instructions & Checklist
2. General Information
3. Step-by-Step Instructions
4. Postnupital Agreement for use in Canada
5. Certificate of Independent Legal Advice for use in Canada

Law Compliance: This form can be used in the following provinces: Alberta, British Columbia, Manitoba, New Brunswick, Newfoundland and Labrador, Northwest Territories, Nova Scotia, Nunavut, Ontario, Prince Edward Island, Saskatchewan and Yukon