The simple answer is that you DO NOT!
In Quebec, the term “prenuptial agreement” is often misunderstood. Unlike in other jurisdictions, Quebec does not have traditional prenuptial agreements. Instead, couples can create a marriage contract to derogate from the Partnership of Acquests, the marriage regime that applies by default in our province.
However, some rules, like those governing Family Patrimony (ADD LINK to blog post on FP), are of public order. This means that they are mandatory and cannot be overridden by a marriage contract. Regardless of the regime you choose, the rules of Family Patrimony cannot be renounced. Family Patrimony applies to all married couples living in Quebec, even to those who were married outside of the province!
If you want to get out of a prenuptial agreement you signed before your marriage you can try challenge its validity. There are several factors to look at to determine the validity of a prenuptial agreement or the likelihood of deeming it unenforceable:
- Lack of financial disclosure: Your consent to renounce something is only valid if you know what it is you are renouncing
- If you were pressured, threatened, or coerced into signing the marriage contract, it may be deemed unenforceable. Courts take this seriously and require proof of undue influence or lack of free will.
- Change in circumstances, such as a major increase or decrease in one spouse’s income, might render the agreement unfair. Courts might consider modifying or nullifying the contract if it no longer aligns with the parties’ intentions.
- The contract is unconscionable, unfair or against public order;
