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February 10, 2025
Let’s be honest—talking about prenups isn’t exactly romantic. No one wants to start a marriage thinking about what happens if it ends. But here’s the truth: a prenuptial agreement (or “marriage contract” in Ontario) isn’t about planning for divorce—it’s about protecting both partners and making your relationship stronger.
Think of a prenup like car insurance. You don’t expect to get into an accident, but if something happens, you’ll be really glad you have it.
Let’s break down why a prenup matters, when you need one, and what it can actually do for you.
A prenuptial agreement (prenup) is a legal contract that two people sign before marriage. It outlines how assets, debts, and financial responsibilities will be handled during the marriage and if the couple ever separates or divorces.
In Ontario, prenups are officially called “marriage contracts” under the Family Law Act, but they serve the same purpose.
A prenup isn’t just for millionaires or celebrities—it’s for anyone who wants to make smart financial decisions before getting married.
Here’s why a prenup is important:
Without a prenup, Ontario’s Family Law Act applies automatically. That means:
✔ Anything you acquire during the marriage (except for a few exceptions) is split equally if you divorce.
✔ Your matrimonial home must be shared even if you owned it before marriage.
If you want to protect specific assets, a prenup ensures they remain yours.
Divorces can get messy, especially when it comes to money, property, and spousal support. A prenup lays everything out in advance, reducing stress, conflict, and legal fees if things don’t work out.
A prenup isn’t just about what happens in divorce—it also helps define financial roles during the marriage. It can cover:
✔ Who pays for what (e.g., mortgage, household expenses)
✔ How debts will be handled
✔ Whether one spouse will support the other financially
This can prevent money-related conflicts, which are a major cause of marital stress.
If your partner has student loans, credit card debt, or business liabilities, a prenup can shield you from taking on that debt if the marriage ends.
If you’re set to inherit family money, property, or a business, a prenup can ensure that it stays in your family rather than being divided in a divorce.
A prenup isn’t necessary for everyone, but you should seriously consider one if any of these apply to you:
✔ You Own Property or a Business – If you own a house, rental property, or business before getting married, a prenup ensures you keep control over it.
✔ You Have Significant Savings or Investments – If you have substantial RRSPs, pensions, or stock investments, a prenup can protect your long-term financial security.
✔ You Expect to Receive an Inheritance – Without a prenup, inheritances can become complicated if they are comingled with shared marital assets.
✔ You Have Children from a Previous Relationship – A prenup can help protect their inheritance and ensure they’re financially secure.
✔ One of You Makes a Lot More Money – If one spouse earns significantly more, a prenup can define whether spousal support will be required and for how long.
✔ One of You Has a Lot of Debt – If one person is bringing in high student loans or other debt, a prenup can ensure the other spouse isn’t responsible for it later.
✔ You Want to Avoid Future Conflict – If you prefer certainty and peace of mind, a prenup makes things clear and predictable from the start.
A prenuptial agreement can cover:
✔ Property Division – Who keeps what in case of separation or divorce.
✔ Spousal Support – Whether one spouse will pay the other and how much.
✔ Debt Protection – Keeping each person’s debts separate.
✔ Financial Responsibilities – How finances are handled during the marriage.
🚨 What CAN’T Be in a Prenup?
For a prenup to hold up in court, it must meet these requirements:
✔ Both parties must fully disclose their finances (no hiding assets or debts).
✔ It must be in writing and signed by both parties.
✔ Each party must have their own independent legal advice (to avoid claims of unfairness).
✔ It must be signed voluntarily—no pressure, threats, or last-minute surprises.
If you’re already married but want a similar agreement, you can still create a postnuptial agreement (a "marriage contract" in Ontario). It works the same way, but it’s signed after the wedding.
A prenup isn’t about planning for failure—it’s about protecting both partners and making financial expectations clear.
💡 Think of it as a financial safety net, just in case.
If you’re considering a prenuptial agreement, it’s important to get it done right so that it actually holds up in court. Book a free consultation, and let’s discuss your options.
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