What if we move to another province or country after signing an family law agreement?
If you move to another province or country after signing a cohabitation or prenuptial agreement, the enforceability of that agreement may come into question. Laws governing these agreements vary significantly from one jurisdiction to another, and what is enforceable in one place may not be in another. Here are some considerations to best protect the enforceability of your agreement:
- Jurisdiction Clause - ensure your agreement includes a jurisdiction clause specifying which province's or country's laws will govern the agreement. This adds clarity in case of a dispute, but there is no guarantee a foreign jurisdiction will respect or honor this clause.
- Legal Review - it's advisable to consult a family lawyer familiar with the laws of the new province or country. They can review your existing agreement and advise on any adjustments needed for local compliance.
- Update if Necessary - depending on the advice received, you may need to update or amend your agreement to ensure it aligns with the laws of your new residence.
To ensure your cohabitation or prenuptial agreement remains valid and enforceable, we highly recommend that you consult with a family lawyer in the new jurisdiction - both before moving and after settling into your new location.
