Prenuptial and other financial agreements

Commonly asked questions about financial agreements

Binding financial agreements made under the Family Law Act are one approach to help you achieve some certainty around asset protection. However, it is not the only approach and not always the best one. Stacks will look closely at your unique situation and give you advice on the most appropriate way for you to protect your assets.

If both parties can agree on how to divide assets, the court can make orders by consent. This does not require either of you to attend court, but merely to submit your agreement for the court’s approval.

Before making consent orders, the court will consider whether the orders are “just and equitable”. However, as long as there is a comprehensive record of the agreement between the couple, and a clear rationale for the orders sought, they will often be granted.

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