Our expert says:
Family law expert
An Antenuptial Contract, also known as a Prenuptial Contract or Prenup, is a contract entered into by two people prior to their marriage, to stipulate the terms and conditions for the exclusion of community of property between them.
Each spouse usually retains his or her separate property and have complete freedom to deal with that property as he or she chooses. If one spouse was declared insolvent, the other's property is protected from the insolvent spouse's creditors, subject to Section 21 of the Insolvency Act.
A Antenuptial Contract will have to conform to certain standards and prescriptions in order for the Registrar of Deeds to accept and register it. Although anyone with enough knowledge could probably draft an Antenuptial Contract, only an attorney who is a Notary may tend to the registration thereof. The Antenuptial Contract must be signed in his presence by you and your spouse to be or by someone you both have given Power of Attorney to sign it on your behalf.
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