To update an existing Marriage Contract in New Brunswick, you and your spouse must draft a formal written Addendum or create a brand new agreement. Both parties must voluntarily sign the new document in front of a witness, and obtaining fresh Independent Legal Advice (ILA) is highly recommended.
Life is full of wonderful surprises, but it is also unpredictable. The financial situation you were in when you first signed your Marriage Contract in Fredericton ten years ago is likely completely different today. You may have started a lucrative business, inherited property, or decided to have children.
Because circumstances evolve, what once felt like a perfectly fair prenuptial agreement might now seem restrictive or completely impractical. Fortunately, family law in New Brunswick allows you to legally change your mind. In this guide, we will walk you through the clear, step-by-step process of successfully amending or updating your existing Domestic Contract without invalidating your original protections.
Step-by-Step Process to Amend Your Contract
Under the New Brunswick Marital Property Act, a Marriage Contract is an ongoing legal document. You cannot simply cross out a paragraph with a pen and initial it. To make legal changes, you must follow strict formalities to ensure the courts will actually recognize your updates.
Step 1: Review Your Current Agreement Together
The very first step is to sit down with your partner and carefully read through your existing contract . Identify exactly which specific clauses no longer work for you. For example, if your original contract stated that you would completely waive spousal support, but one of you recently quit your job to raise children, you need to pinpoint that exact section for an update.
Step 2: Decide on an Addendum vs. A New Contract
You have two choices for making changes. If you only want to change a tiny detail-like adding a newly purchased cottage in St. Andrews to a list of protected separate property-your lawyer can draft a simple Addendum (an attachment that modifies the original). If your entire financial life has changed drastically, it is usually much safer to completely revoke the old contract and draft a brand new one.
Step 3: Consult with Your Family Lawyers
Once you agree on the general changes, you must take these ideas back to your respective family lawyers. Your lawyer will draft the new legal wording to ensure it precisely reflects your new intentions. Remember, just like the first time, your spouse must take the draft to their own separate lawyer for Independent Legal Advice (ILA) to ensure the new terms are fully understood and fair.
Step 4: Execute the Document Formally
An oral promise to change your contract means absolutely nothing in a New Brunswick courtroom 🤝. The updated agreement or Addendum must be explicitly in writing. Both you and your spouse must physically sign the document in the presence of at least one adult witness who will also sign it. Once it is executed correctly, store it safely alongside your original contract.
When Should You Consider Updating Your Contract?
Couples often wonder what life events trigger the need to call their lawyer. Here are the most common scenarios that require an immediate review:
| Major Life Event | Why You Need to Update the Contract |
|---|---|
| Having or Adopting Children | If one parent stays home, previous clauses waving spousal support may become deeply unfair. The court may even throw them out if they cause severe hardship. |
| Starting a Major Business | If you launch a new corporation, you need to explicitly state whether the shares and the business growth are marital property or separate property. |
| Receiving a Huge Inheritance | While inheritances are generally separate, adding an addendum guarantees that if you use the inheritance to buy a joint family asset, your money is protected. |
How Much Does it Cost in New Brunswick?
Updating an agreement is generally cheaper than starting from scratch, but it still requires professional legal fees:
- Drafting an Addendum: If the changes are minor, a family lawyer will generally charge between $750 CAD and $1,500 CAD to draft the formal amendment.
- Drafting a New Contract: If you are revoking the old agreement entirely, expect to pay the standard rate of $1,500 CAD to $3,500 CAD for a fresh document.
- Independent Legal Advice: The spouse reviewing the updated terms will still need to pay their lawyer roughly $400 CAD to $800 CAD for a new ILA certificate.
How Long Does the Process Take?
Because you are already married and hopefully communicating openly, updating a contract is usually faster than drafting the initial prenup. Assuming both parties agree on the necessary changes, your lawyers can typically draft, review, and finalize the signed Addendum within 3 to 6 weeks.
Frequently Asked Questions (FAQ)
Can we cancel our Marriage Contract entirely?
Yes, absolutely. If you both decide you simply want the standard rules of the Marital Property Act to apply, you can sign a brief formal document officially revoking the entire Marriage Contract. It must be in writing and witnessed.
What if my spouse refuses to agree to an update?
A Marriage Contract is a mutually binding agreement. You cannot force your spouse to accept an update. If they refuse to sign an Addendum, the original contract remains fully legally active and binding.
Can we update child custody rules in the contract?
No. In New Brunswick, parents cannot make binding, permanent agreements regarding decision-making responsibility (child custody) or parenting time in a Marriage Contract. The Court of King’s Bench will always make decisions based purely on the best interests of the child at the time of separation.
Do we need to disclose our finances again for an Addendum?
Yes, it is highly recommended. For any new agreement to be valid, both parties must have a clear understanding of the current financial reality. Providing fresh income statements and asset valuations protects the update from being challenged later.
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