Prenuptial agreements are often misunderstood as documents reserved for the ultra-wealthy, but they offer practical financial and legal protections for couples from all walks of life. For residents of Calgary, where the economy is often tied to unpredictable sectors like energy and real estate, these agreements can help safeguard individuals during uncertain times. Beyond the standard provisions outlining asset division and spousal support, some lesser-known clauses can significantly impact divorce outcomes.
Below, we explore five surprising prenuptial clauses that could shape your divorce in Calgary and provide practical insights into their implications.
1. Pet Custody Agreements
Pets are often integral members of the family, but the law in Alberta generally considers them property. During a divorce, disputes over who gets to keep the family dog or cat can become heated. A prenuptial agreement can include pet custody clauses, deciding in advance who will care for the pet or whether joint custody is appropriate. Additionally, it may specify responsibilities for expenses like vet bills or grooming.
2. Debt Allocation Clauses
Calgarians are no strangers to financial fluctuations, with job cycles often tied to the ebb and flow of the oil and gas industry. One partner may bring significant debts into the marriage, such as student loans or business liabilities, while the other person has little to no debt. Including a debt allocation clause prevents one spouse from being unfairly burdened by the other’s financial obligations in the event of divorce.
3. Social Media Behavior Clauses
Social media usage is deeply ingrained in contemporary daily life, but during tense divorces, platforms like Instagram and Facebook can spark additional conflict. A growing trend in prenuptial agreements is the inclusion of clauses governing social media behavior both during and after the marriage. For example, these clauses might forbid the posting of defamatory content or excessively sharing private details.
4. Business Protection Clauses
Businesses play a pivotal role in Calgary’s economy, and many couples enter marriage where one or both parties own a company. If there’s no prenup, marital property laws often entitle the non-owning spouse to a portion of the business’s value during divorce. This division can severely impact operations or even lead to the dissolution of the business.
5. Lifestyle Clauses
Lifestyle clauses may seem unconventional, but they’re growing in popularity for couples looking to define expectations for behavior and contributions during marriage. These clauses might include agreements about living arrangements, household responsibilities, or even fidelity. While some lifestyle clauses may not hold up in Alberta courts, they set clear boundaries and intentions for the relationship.
Conclusion
Prenuptial agreements aren’t about planning for failure; they’re about protecting both parties and setting the foundation for a healthy marriage. When approached thoughtfully, a Calgary-focused prenup can ensure your marriage thrives, regardless of what the future holds.
