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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
DOB: April 22, 1990
Occupation: Physician
DOB: April 22, 1990
Occupation: Physician
PARTY 2
Daniel S. Martin
15 Rideau Canal Drive, Ottawa, ON K1N 8S7
DOB: November 8, 1988
Occupation: Architect
DOB: November 8, 1988
Occupation: Architect
Planned Marriage: September 15, 2026 · Ottawa, Ontario
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 a marriage contract made pursuant to Part IV of the Family Law Act, R.S.O. 1990, c. F.3, ss. 52–54.
1.
PURPOSE
The Parties wish to define their respective rights and obligations regarding property, financial matters, and (where applicable) spousal support during the marriage and in the event of separation, divorce, or death. The Parties acknowledge that the Supreme Court of Canada has encouraged the use of domestic contracts as a means by which spouses can settle their affairs and avoid litigation (see Anderson v. Anderson, 2023 SCC 13, paras. 1, 60). This Agreement is intended to be binding and enforceable under the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), and applicable provincial family law legislation.
2.
FULL AND FRANK FINANCIAL DISCLOSURE
Each Party confirms that, prior to signing this Agreement, they have made full and frank disclosure to the other Party of their significant assets, debts, income, and other material financial circumstances. Both Parties acknowledge that they have had the opportunity to review and verify the other Party's disclosure and to ask questions. The Parties acknowledge that the Supreme Court of Canada has set aside domestic contracts where there has been a material failure to disclose significant assets (Hartshorne v. Hartshorne, 2004 SCC 22; Rick v. Brandsema, 2009 SCC 10).
3.
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)
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)
4.
DIVISION OF PROPERTY ON SEPARATION
Upon separation, divorce, or death, 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 sections 4(2) and 5 of the Ontario Family Law Act, which permit spouses to opt out of the net family property equalization regime by domestic contract.
5.
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.
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.
6.
SPOUSAL SUPPORT
In the event of separation or divorce, spousal support, if any, shall be determined in accordance with the Spousal Support Advisory Guidelines (SSAG) and the applicable provisions of the Divorce Act, R.S.C. 1985, c. 3 (2nd Supp.), and applicable provincial family law legislation, having regard to the length of the marriage, the role of each Party during the marriage, and each Party's financial circumstances at separation. The Parties acknowledge the two-stage Miglin framework for the review of support arrangements.
7.
REVIEW ON MATERIAL CHANGE
The Parties agree to review the operation of this Agreement at intervals of 5 years from the date of marriage, and upon the occurrence of any material change in circumstances, including the birth or adoption of a child, the loss of employment of either Party, the inheritance or receipt of substantial assets, or the onset of serious illness. A review shall not, of itself, alter the Parties' rights under this Agreement; any variation requires a written amendment executed in accordance with the formal requirements of this Agreement.
8.
INDEPENDENT LEGAL ADVICE
Each Party acknowledges 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. The Parties acknowledge that the Supreme Court of Canada has held that ILA is not a strict statutory requirement for a domestic contract to be enforceable, but is a powerful factor against later set-aside applications under both the Miglin framework (for spousal support) and the family-property regime (see Anderson v. Anderson, 2023 SCC 13, paras. 53–56; LeVan v. LeVan, 2008 ONCA 388 on set-aside for duress and lack of ILA).
Counsel of Record:
Party 1 was advised by: Renée Belanger, Barrister and Solicitor (Ottawa).
Party 2 was advised by: Mark Lee, Barrister and Solicitor (Ottawa).
Counsel of Record:
Party 1 was advised by: Renée Belanger, Barrister and Solicitor (Ottawa).
Party 2 was advised by: Mark Lee, Barrister and Solicitor (Ottawa).
9.
EXECUTION AND WITNESSING
This Agreement shall be executed in writing, signed by each Party, and the signature of each Party shall be witnessed as required by section 55(1) of the Ontario Family Law Act. Each Party shall sign in the physical or videoconference presence of the witness (electronic witnessing as permitted by the applicable provincial electronic commerce legislation is acceptable, provided contemporaneous audio-visual communication is maintained throughout). The Parties identify the witness as Catherine M. Singh, of 101 Bank Street, Ottawa, ON K1P 5N7, who attests to having observed each Party sign this Agreement.
10.
SET-ASIDE AWARENESS (ONTARIO FLA S. 56(4))
The Parties acknowledge that, under section 56(4) of the Ontario Family Law Act, a court may set aside a domestic contract or a provision in it if (a) a Party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the contract was made; (b) a Party did not understand the nature or consequences of the contract; or (c) otherwise in accordance with the law of contract. The Parties have read this clause, understand it, and confirm that none of these grounds applies to this Agreement at the date of execution.
11.
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.
12.
GENERAL PROVISIONS
Entire Agreement: This Agreement constitutes the entire agreement between the Parties regarding the matters herein and supersedes all prior negotiations and understandings, whether written or oral. Amendment: This Agreement may only be amended in writing signed by both Parties and (in jurisdictions requiring witnessing) re-witnessed in the same manner as this Agreement. 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. Survival on Marriage Breakdown: The property, debt, and (where applicable) spousal support provisions of this Agreement shall survive a decree of divorce or declaration of marriage nullity.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date indicated.
PARTY 1
Olivia R. Nguyen
Date: ____________________
PARTY 2
Daniel S. Martin
Date: ____________________
WITNESS
Catherine M. Singh
Date: ____________________
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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.
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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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Protect separate property, clarify support and start your marriage with financial clarity. Fill in the details, preview your marriage contract and download a PDF ready for independent legal review.
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