notarized marriage contract

When you find the perfect partner, drawing up a notarized marriage contract may not be the first priority that comes to mind. On the contrary, this is the perfect time! It’s always better to talk about how you’d like to manage your joint properties when things are going well.

Why use a notary to draw up a marriage contract?

  • To ensure that the contract is valid. n Quebec, marriage contracts must be signed in front of a notary to be legally enforceable

  • To choose your matrimonial regime. You’ll determine how certain assets will be managed between the two of you and what will happen in the event of separation or death. Although it may seem counter-intuitive to think about this as you prepare for your wedding, it is a wise move that can avoid complications down the road.

  • So that the contract comes into effect on the day of your wedding. Your notary can also officiate your wedding ceremony. The signing of your contract can be part of the ceremony as proof of your commitment.

What happens if you don’t have a notarized marriage contract?

If there is no notarized marriage contract, the regime that applies to your marriage is known as “a partnership of acquests.” In this regime, the spouses may have private property (owned individually) and acquests (acquired during the marriage and jointly owned). Since these provisions have implications for the division of property following a divorce, a separation or a death, it is important to discuss them with your notary to make an informed decision.

notarized marriage contract

Contract for common-law spouses

If you and your spouse are in a common-law relationship, you can also draw up a contract that sets out how your joint property is divided and what happens if you break up. Besides cohabitation contracts, wills are particularly useful, because the common-law partner doesn’t automatically inherit the assets on the death of the other. Our team will be pleased to discuss the civil and tax consequences of being a common-law partner, as well as the various tools available to you.

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notarized marriage contract

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notarized marriage contract