How Do You Divorce Your Spouse When Under a Prenup?


Going through a divorce can be the best decision for a former couple. It is a must to understand all of the reasons that you are getting a divorce, how each person feels about it and how the process of divorce in your region goes through. In Canada, the process of a divorce is a long and tedious one that’s prone to many disputes.

During this time, the spouses are required to maintain a cordial relationship to ensure that their children are not affected by their actions and that the process goes smoothly. Unfortunately, the accommodating aspects that can affect the divorce can make both parties lose their cool. For instance, a prenuptial agreement.

If you’ve ever wondered how to divorce your spouse while under a prenup, continue reading.

Defining a Prenup

A prenup is a clear agreement between two people signed to protect their assets and earnings. This agreement is usually signed before or during an engagement, acting as a legally binding contract that is used as evidence in case of a legal dispute.

There is a clause that outlines what will happen to your property and assets in the event of a divorce. If you have a prenuptial agreement, you need to know the terms to ensure that ending the marriage is possible. Seek a legal professional knowledgeable in family law who can determine the conditions of your prenup.

Learning a Prenup’s Impact

Finances are a tricky part when it comes to any person’s marriage, especially when looking into the legal aspect of it. Typically, two parties combine and share all of their assets and earnings together after matrimony, but that’s not always the case.

The effect of a prenup is to specifically separate each person’s share in case of divorce. The spouse generally has no rights to the other’s possessions, so the former spouse will have little to gain financially from the marriage. In terms of an impact on a divorce, the prenup can be beneficial in clarifying each party’s finances.

Knowing the Absence of a Prenup

If you don’t have a prenup, the court will generally divide assets based on the length of the marriage and the contributions made by each party. It’s important to know the impact of a prenup in relation to that marriage and the absence thereof.

When asked for a divorce, it’s important to see what you can do to protect your assets. Don’t be afraid to seek out help from a family lawyer who can help you understand your situation.

Understanding the Divorce Process

The divorce process can be long, but the first step in getting one is to file for it. If you have a prenup, this should be pretty straightforward and easy. If you don’t have any prenup agreement, then there is a different process you must go through.

The law will hand you a fairly standard divorce agreement that outlines your share of the assets afterwards, as well as maintenance and child support. Whether you have a prenup or not in the mix will also be taken into consideration in Canada.


Seek legal professionals specializing in divorce cases to help out with your unique one. Having such aid can help you get the best financial compensation for your situation, regardless of whether there’s a prenup or not.

Looking for a divorce lawyer in Langley? Dreyer and Associates Family Lawyers is committed to preserving the best interests of families across the Fraser Valley, offering experience in family law, wills and estates, and residential conveyancing. Get in touch with us today!





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