Are prenuptial agreements enforceable in Canada?

Yes. Marriage contracts are expressly authorised under provincial family law statutes such as section 52 of the Ontario Family Law Act and the BC Family Law Act. They are enforceable provided they are in writing, signed, witnessed, supported by full financial disclosure and free from duress or undue influence.

Do both parties need their own lawyer?

It is not strictly required, but it is strongly recommended. Independent legal advice on each side makes it far harder for either party to later argue they did not understand the agreement, and most drafting solicitors will refuse to proceed without it.

How far before the wedding should the prenup be signed?

Sign well before the wedding — ideally at least 30 days in advance. Agreements presented at the last minute face a real risk of being attacked for duress, and courts may refuse to enforce them.

Can a prenup override child support?

No. Child support is a right of the child, governed by the Federal Child Support Guidelines under the Divorce Act, and cannot be waived or reduced below guideline amounts by agreement between the parents. Clauses attempting to do so will be struck.

Can we protect a family business with a prenup?

Yes. Prenuptial agreements are frequently used to keep a family business — its shares, any growth in value and any related debts — outside the equalisation or property division regime. Disclose the business fully and value it properly before signing.

What happens to our prenup if we move provinces?

A marriage contract that is valid where it was signed is generally recognised across Canada, but enforcement is subject to the family law of the province where the parties ultimately separate. Periodic review by a family lawyer in your current province is a good idea after a move.

Can we change the agreement after we are married?

Yes. Couples can amend or replace a marriage contract at any time by signing a new written, witnessed agreement. A formal amendment is the safest way to deal with major life events like the birth of a child, a significant inheritance or the sale of a business.

What if one spouse hides assets?

Non-disclosure of significant assets or debts is one of the most common grounds for setting aside a Canadian marriage contract under section 56(4) of the Ontario Family Law Act and equivalents elsewhere. Both parties should exchange full, honest financial schedules and attach them to the agreement.

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Prenuptial Agreement Template

A prenuptial agreement — known in Canadian family law as a marriage contract — lets engaged couples decide in advance how property, debts and spousal support will be handled if the marriage ends. Our free Canadian template is drafted with reference to the Family Law Act (Ontario), the Family Law Act (British Columbia) and the federal Divorce Act.

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MARRIAGE CONTRACT

Province Of Ontario, Canada

PARTY 1

Olivia R. Nguyen

340 Albert Street, Ottawa, ON K1R 5B2

PARTY 2

Daniel S. Martin

15 Rideau Canal Drive, Ottawa, ON K1N 8S7

Planned Marriage: September 15, 2026

Agreement Date: June 1, 2026

This Marriage Contract (this "Agreement") is entered into on June 1, 2026 between Olivia R. Nguyen ("Party 1") and Daniel S. Martin ("Party 2"), collectively the "Parties," who intend to marry on or about September 15, 2026. This Agreement is made pursuant to Part IV of the Family Law Act, R.S.O. 1990, c. F.3, ss. 52–54.

PURPOSE

The Parties wish to define their respective rights and obligations regarding property, financial matters, and spousal support in the event of a separation or dissolution of the marriage. This Agreement is a domestic contract intended to be binding and enforceable under applicable provincial family law legislation, including the Family Law Act (Ontario), s. 52–54, and the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.).

FINANCIAL DISCLOSURE

Each Party confirms that they have made full and frank disclosure of their significant assets, debts, and other financial obligations to the other Party prior to signing this Agreement. Both Parties acknowledge that they have had the opportunity to review and verify the other Party's financial disclosure. Canadian courts have set aside domestic contracts where there has been a failure to disclose significant assets: see Hartshorne v. Hartshorne, 2004 SCC 22. Both Parties confirm that the disclosure made is substantially complete and accurate.

PRE-MARITAL ASSETS

The Parties acknowledge the following pre-marital assets, each of which shall remain the separate property of the respective Party:

Party 1 Assets:
Condominium at 340 Albert St, Ottawa (valued at $450,000)
RRSP account at RBC ($85,000)
2023 BMW X3

Party 2 Assets:
Investment portfolio at TD Waterhouse ($120,000)
Art collection (appraised at $35,000)

DIVISION OF PROPERTY ON SEPARATION

Upon separation or divorce, each Party shall retain sole ownership of the assets they brought into the marriage as listed above. Any increase in value of pre-marital assets during the marriage shall also be excluded from equalization or division, to the extent permitted by the applicable provincial family property legislation. Property acquired jointly during the marriage shall be divided equally, unless otherwise agreed in writing. This exclusion is consistent with the exclusions permitted under the Family Law Act (Ontario), s. 4(2).

DEBT ALLOCATION

Each party remains responsible for debts incurred in their own name prior to the marriage.
Joint debts incurred during the marriage to be divided equally.

Each Party shall indemnify and hold harmless the other Party from any claim, liability, or proceeding arising from debts allocated to them under this Agreement.

SPOUSAL SUPPORT

Each Party irrevocably waives any claim to spousal support from the other Party, whether arising under the Divorce Act, applicable provincial legislation, or otherwise. Both Parties acknowledge that this waiver is made with full understanding of its legal consequences and after having had the opportunity to obtain independent legal advice (ILA). The Parties further acknowledge that a court may set aside a support waiver if enforcement would cause unconscionable hardship, as recognized in Miglin v. Miglin, 2003 SCC 24.

INDEPENDENT LEGAL ADVICE

Both Parties acknowledge that they have been advised to obtain, and have had the opportunity to obtain, independent legal advice (ILA) from separate legal counsel regarding this Agreement. Each Party confirms that they enter into this Agreement voluntarily, without duress, undue influence, or misrepresentation, and with full understanding of its nature and legal consequences. Canadian courts may set aside a domestic contract obtained without ILA if one party was under duress or did not understand the agreement: see LeVan v. LeVan, 2008 ONCA 388.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Ontario.

GENERAL PROVISIONS

Entire Agreement: This Agreement constitutes the entire agreement between the Parties regarding the matters herein. Amendment: This Agreement may only be amended in writing signed by both Parties before a witness. Severability: If any provision is found unenforceable, the remaining provisions shall remain in full force. Binding Effect: This Agreement is binding upon the Parties and their respective heirs, executors, legal representatives, and permitted assigns. Witness Requirement: This Agreement must be signed by both Parties in the presence of a witness as required by domestic contract legislation.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date first written above.

PARTY 1

Olivia R. Nguyen

Date: ____________________

PARTY 2

Daniel S. Martin

Date: ____________________

What Is a Prenuptial Agreement?

A prenuptial agreement, usually called a marriage contract in Canadian statutes, is a written agreement entered into by two people who are married or intend to marry. It records how they have decided to handle property, debts, spousal support and other financial matters during the marriage and on separation or death. In Canada, marriage contracts are recognised as a category of “domestic contract” under Part IV of the Ontario Family Law Act, R.S.O. 1990, c. F.3.

Section 52 of the Family Law Act (Ontario) confirms that two people intending to marry or already married can contract out of most aspects of provincial family property law in a signed, witnessed agreement. The agreement cannot, however, override custody, access or child support obligations owed to their children. British Columbia’s Family Law Act, S.B.C. 2011, c. 25 provides similar authority for prenups, alongside Part 5 (property division) and Part 6 (spousal support) rules that apply in the absence of a contract.

Prenups are particularly useful for second marriages, blended families, business owners, couples with significant differences in wealth and spouses who want to keep pre-marriage property separate. Done properly — with full financial disclosure and independent legal advice on each side — a Canadian marriage contract is a powerful and durable planning tool.

What's Covered in This Template

Our prenuptial agreement template addresses the property, support and disclosure elements that Canadian courts expect to see.

Party Details

Full legal names, dates of birth, current addresses and date of the intended marriage.

Recital of Intent

Statement that the parties are entering the agreement freely, in contemplation of their marriage.

Full Financial Disclosure

Schedules listing each party’s assets, debts, income and beneficial interests as of the signing date.

Separate Property

Identification of property that will remain each party’s separate property, including pre-marriage assets and inheritances.

Family Home Treatment

Clear rules about whether the matrimonial home will be shared, kept separate or sold on separation.

Property Division on Separation

How the net family property equalisation or BC family-property division will be varied or confirmed.

Spousal Support

Agreement on whether spousal support is payable, in what amount and for how long, or whether it is waived.

Debts and Liabilities

Allocation of pre-marriage debts and responsibility for debts incurred during the marriage.

Independent Legal Advice

Certificates confirming each party received independent legal advice before signing.

Execution and Witnessing

Signature block complying with section 55 of the Family Law Act (Ontario) — writing, signed and witnessed.

How to Create a Prenuptial Agreement

Follow these steps to produce a Canadian-compliant marriage contract that has the best chance of being upheld.

1
Exchange Full Financial Disclosure
Prepare detailed schedules of assets, debts and income for each party and exchange them well before signing.
2
Decide the Key Terms
Agree on treatment of the family home, pre-marriage property, inheritances, business interests and spousal support.
3
Draft With the Template
Enter party details, disclosure schedules and the agreed terms into the template to produce a clean first draft.
4
Get Independent Legal Advice
Each party should retain their own lawyer, review the draft and receive written independent legal advice.
5
Sign Well Before the Wedding
Sign in front of a witness at least several weeks before the wedding date to avoid later claims of duress.

Legal Considerations

Canadian marriage contracts are enforceable only if they satisfy both the statutory formalities and the common-law fairness safeguards.

This template is for informational purposes only and does not constitute legal advice. Consult a qualified lawyer in your province for advice specific to your situation.

Reviewed for Canadian law

Formal Requirements Under the Family Law Act

Section 52 of the Family Law Act, R.S.O. 1990, c. F.3 authorises marriage contracts in Ontario, and section 55 requires that they be in writing, signed by the parties and witnessed. In British Columbia, section 92 of the Family Law Act, S.B.C. 2011, c. 25 sets out similar formality requirements. A handshake deal or an unsigned draft will not be enforceable no matter how clear the intent.

Financial Disclosure and Independent Legal Advice

Canadian courts take financial disclosure and independent legal advice very seriously. Under section 56(4) of the Ontario Family Law Act a court may set aside a marriage contract where a party failed to disclose significant assets or debts, did not understand the contract, or was otherwise under a disability. The Supreme Court of Canada in Hartshorne v. Hartshorne, 2004 SCC 22 confirmed that procedural fairness at the time of signing is central to enforceability.

Spousal Support and the Divorce Act

Parties can agree on spousal support in a marriage contract, but the Supreme Court of Canada in Miglin v. Miglin, 2003 SCC 24 and the federal Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.) s. 15.2 allow a court to override an agreement where applying it at the time of the application would be significantly at odds with the objectives of the Act. Agreements that waive support entirely should be drafted and reviewed with particular care.

Children and Limits of the Contract

Under section 56(1) of the Ontario Family Law Act, a marriage contract cannot determine custody, access or upbringing of children in a way that binds a court, and child support is always subject to the Federal Child Support Guidelines. Clauses purporting to waive child support are void. The agreement can, however, deal with how the matrimonial home is shared pending separation.

Frequently Asked Questions

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