A Beginner’s Guide to Prenuptial Agreements

This is general information and should not be interpreted as legal advice. Contact a family lawyer to understand your rights and obligations.

When couples in Ontario plan to get married, most focus on the wedding day, the celebration, and the exciting new chapter ahead. But along with the romance, there are practical steps to protect both partners’ futures. One of the most effective tools is a prenuptial agreement, legally known in Ontario as a marriage contract under the Family Law Act.

What Is a Prenuptial Agreement?

A prenuptial agreement or marriage contract is a legally binding document signed before marriage that sets out how certain issues will be handled if the marriage ends. In Ontario, couples can use a prenup to:

• Decide how property will be divided.

• Protect business interests, investments, or inheritances.

• Define rights and responsibilities regarding debts.

• Clarify spousal support obligations.

It’s important to note that prenups cannot determine parenting, decision-making responsibility, or child support. These matters are always decided based on the best interests of the child at the time of separation.

Why Consider a Prenup?

A marriage contract can benefit anyone who wants certainty and fairness in the event of separation. Common reasons people consider a prenup include:

• Second marriages: Protecting children from a previous relationship.

• Unequal assets: One partner owns a home, business, or investments before marriage.

• Future inheritances: Preserving family property or generational wealth.

• Debt protection: Ensuring one partner isn’t responsible for the other’s liabilities.

By addressing these issues in advance, couples reduce stress, conflict, and costly court battles later.

Legal Requirements in Ontario

For a prenup to be enforceable in Ontario, certain rules must be followed:

• Independent legal advice: Each partner should consult their own lawyer.

• Full financial disclosure: Both must be transparent about assets and debts.

• Fairness: Courts may set aside a prenup if it’s unconscionable or signed under pressure.

• Must be written and signed: Verbal agreements are not valid.

Can a Prenup Be Changed?

Yes, couples can update or amend their prenup after marriage through a postnuptial agreement. This can be useful if circumstances change for example, if one spouse starts a new business or the couple acquires significant property.

Seeking Legal Support

A prenuptial agreement is not a prediction of failure, it's a plan for certainty and fairness. Much like insurance, it’s something you hope never to rely on, but it can provide peace of mind if needed. At Majoka Law, we guide clients through the process with compassion and clarity, ensuring their rights are protected while helping couples enter marriage with confidence.