Is A Prenup Legal?

In not too distant past, prenups were not legal as living together without being married was considered against public policy. However, nowadays they are legal and in fact, several provinces have statutory provisions codifying their legality. In Ontario, section 53 of the Family Law Act is the statutory authority permitting them.

However, just because they are legal does not mean that every prenup will be enforced by a court. They can be found invalid both on procedural grounds and substantive grounds – so the process of entering into your agreement is just as important as what is contained in it. Here are the main circumstances in which they will be found invalid:

1. Signatures and Witnesses. A prenup must be in writing (no oral prenups), and signed by both parties entering into the agreement. Each signature must be witnessed (and it is a good idea to use someone whom you will be able to locate many years into the future if needed).

2. Financial Disclosure. You and your partner must provide complete disclosure of your financial situation to each other prior to entering into a prenup. The disclosure include both income and financial assets. Financial disclosure must be detailed – i.e., it’s not enough that your partner knows you own an RRSP, they must also know its value.

Courts take the view that you can’t intelligently enter into a prenup without this information so if this isn’t done, your prenup risks being invalidated by a judge. It is a good idea to include the financial disclosure as a schedule to your prenup, or at least keep the papers showing financial disclosure was made.

3. Duress or Coercion. As is true for any type of contract, duress or coercion to enter into a contract can result in the contract being invalidated. So, don’t put pressure on your partner to sign a prenup.

Often the pressure won’t come from your partner, but your partner’s family – perhaps their mother or father. That sort of duress or coercion can also result in a prenup being invalidated. In other words, courts only enforce contracts that are entered into by both parties of their own free will.

4. Grossly Unfair. Judges can also invalidate a prenup on the ground that it is grossly unfair. For instance, if after a long term relationship one partner is left destitute while the other is extremely wealthy, a court is likely to step in and address this perceived injustice by voiding the prenup.

5. Illegal Clauses. Certain things are not permitted to be in prenups. The most important of these things are clauses relating to child custody and child support. As well, this includes any illegal acts or “moral” type clauses such as penalties for adultery. If these sorts of clauses are included in a prenup, they normally will be struck out without affecting the rest of the agreement.

In short, if you are fair about things when entering into a prenup, and follow the required rules, the chances are very good that your prenup will be valid.

Don’t believe me? Here’s what the Judges say:
“As both had experienced prior matrimonial breakdowns, they had the wisdom and foresight to enter into a marriage contract on the eve of their marriage.” – The Honourable Mr. Justice F. Bruce Fitzpatrick

You’re Invited to Call or E-Mail!

If you’re considering a prenuptial agreement — or have already made your decision — you’re invited to call or email us. We’ll explain for free how you can protect your assets and plan your estate. You can call us toll-free at (800) 837-0460 or email us using our contact form here. We can help you anywhere in Ontario.

What is the definition of a Prenup?
A prenup is a type of domestic contract under family law that allows a couple that is about to marry to enter into an agreement primarily about how assets and income are to be divided should their relationship end, either by separation or by one of them passing away. The typical issues dealt with are the division of property and spousal support.

The agreement comes into effect on the date of marriage, but it is best to enter into the agreement as soon as possible.

Prenups are permitted in Canada. Several provinces, including Ontario, have statutes that specifically set out the requirements that must be met for such an agreement to be valid. This website offers information about how the law in Canada treats prenuptial agreements, how these agreements work, and the practicalities of entering into such an agreement. Of course, we are always happy to help you prepare a prenup for you. Find out on our website:

1. The advantages of having a prenup.

2. The typical things that are included in a prenup, and things that the law expressly prohibits including in the agreement.

3. The typical items that are included in a prenup, to give you a framework for thinking about your agreement.

4. The typical types of situations when having a prenup is beneficial.

5. Why we believe most couples should have a prenup.

6. Differences between prenuptial agreements in the provinces across Canada, particularly Ontario, British Columbia, and Alberta.

7. Answers to common questions I am asked about prenups. If the answer to your question is not there, please feel free to contact us by telephone or email, for a free legal consultation.

8. What needs to be done to ensure that a prenup is legally valid.

9. The possibilities and perils of entering into a post nuptial agreement after you are already married.

10. The process involved in entering into a prenuptial agreement.

What are the various legal terms for a prenuptial agreement?
Each province and territory in Canada has its own legal term for a prenuptial agreement.

In Ontario, if you are getting married or already married, a prenup is called a marriage contract. If you and your partner are living together in a common law relationship, a prenup is called a cohabitation agreement. Together, these two types of agreement, along with separation agreements, are called domestic contracts.

In British Columbia, a prenup is known as a marriage agreement.

In Alberta, a prenup is called a pre-nuptial contract. A post nup is called a marriage contract. For a common law relationship, the agreement is called a cohabitation contract.

In Saskatchewan, a prenup is known as an interspousal contract.

In Manitoba, for an unmarried couple, a prenup is known as a cohabitation agreement. For a couple planning to get married, a prenup is known as a marriage contract, marital agreement, or pre-nuptial agreement. The general term for these types of agreements, including separation agreements, is a spousal agreement.

In New Brunswick and Nova Scotia, Prince Edward Island, Northwest Territories, Yukon, and Nunavut, a prenup is called a marriage contract.

You’re Invited to Call or E-Mail!

If you’re considering a prenuptial agreement — or have already made your decision — you’re invited to call or email us. We’ll explain for free how you can protect your assets and plan your estate. You can call us toll-free at (800) 837-0460 or email us using our contact form here. We can help you anywhere in Ontario.

If you’re already married, it’s not too late to create a legally binding agreement that protects your rights. A postnuptial agreement — also known as a postnup — is a legal contract made after marriage that sets out how property, support, and other issues will be handled in the event of separation or divorce. This page explains how postnups work in Ontario, when to use them, and how courts treat them.

What Is a Postnuptial Agreement in Ontario?
A postnuptial agreement (or “postnup”) is a domestic contract signed after marriage. It is functionally the same as a prenuptial agreement — the only difference is timing. While a prenup is signed before marriage, a postnup is signed after the spouses are already legally married.

Postnups are often used by couples who didn’t sign a prenup in time, or whose circumstances have changed after the wedding. They can clarify financial expectations and protect assets going forward.

Are Postnuptial Agreements Legal in Canada?
Yes. Postnuptial agreements are legally permitted in Ontario and across Canada. You can enter into a legally valid agreement at any point during the marriage — whether that’s days or decades after your wedding.

However, courts treat postnups more cautiously than prenups because spouses have legal rights and obligations toward each other once married. These rights must be given up voluntarily, with full knowledge and legal advice.

Will a Postnup Protect Me?
It can protect you just like a prenup — but with important caveats. Courts in Ontario treat postnups with special caution, especially when the agreement affects rights or property that already exist within the marriage.

To increase the chances that your postnup will be enforced, the agreement should be fair, signed voluntarily, and focus primarily on future assets or financial arrangements. The earlier in the marriage it’s signed, the more likely it is to be upheld.

What Are the Legal Risks with Postnuptial Agreements?
Yes — courts in Ontario apply greater scrutiny to postnuptial agreements than prenups. Even if the content is identical, the legal context is different.

Before marriage, parties have no special legal obligations toward each other. But once married, both spouses acquire automatic rights under family law — including property and support rights. A postnup typically involves one spouse giving up some of those rights.

There’s nothing wrong with that in principle, but courts want to be satisfied that:
The agreement was entered into freely, without pressure
Each spouse had independent legal advice
There was full financial disclosure
The agreement is substantively fair

For that reason, it’s critical to work with a lawyer and properly document the agreement.

When Are Postnuptial Agreements Commonly Used?
Postnups are often used in situations where a third party — such as a parent or business partner — wants legal certainty around how property or assets will be treated during the marriage.

1. Gift of a Matrimonial Home from Parents
Parents may give a home to their married child but want assurance it stays in the child’s name if the couple separates. A postnup can be used to confirm that the home is excluded from property division. Courts generally uphold these agreements because:
(a) the other spouse benefits from living in the home while the relationship lasts, and
(b) the other spouse would not have received the home otherwise.

2. Business Ownership Requirements
In business partnerships or corporations, it’s common to require shareholders to sign a postnup confirming that their spouse won’t gain ownership or voting rights in the business. These agreements are enforceable if fairly negotiated and properly documented.

Can a Postnup Waive Spousal Support?
Technically, yes — but it is rarely upheld. Once you are married, both spouses have automatic rights and obligations regarding spousal support under Ontario’s family law system. Waiving those rights entirely in a postnup is seen as highly problematic.

Courts may view such a clause as unfair, particularly if one spouse is financially vulnerable. In some cases, a full waiver of support may look more like a disguised separation agreement — especially if the relationship is already strained.

For that reason, spousal support waivers in postnups are approached with great caution and often struck down.

What If We Just Got Married Recently?
If you were recently married, you may still be able to create a postnuptial agreement with fewer concerns. Although family law rights arise as soon as you marry, newlyweds typically have fewer financial entanglements — making the agreement easier to negotiate and harder to challenge.

It’s common for couples to begin negotiating a prenup before the wedding but run out of time to finalize it. In that case, a postnup signed shortly after marriage can serve the same purpose and is often treated similarly by courts — especially if it’s completed within weeks and with proper legal advice.

Can I Sign a Postnup If I’m Thinking About Separation or Having an Affair?
Yes. A postnuptial agreement can still be valid even if the relationship is going through a rough patch. What matters most is that the agreement is negotiated in good faith, with full financial disclosure and independent legal advice.

Ontario courts have dealt with this issue directly:

The main case discussing this is: D’Andrade v. Schrage, 2011 ONSC 1174 (CanLII). In this case, the husband tried to set aside a postnup on the ground that at the time it was negotiated, the wife was having an affair and contemplating separation. The court decided that the postnuptial agreement should NOT be set aside because of this. Some of the points that the judge made:

* Spouses often think about separation when their marriage hits a rough patch, but don’t necessarily go through with it.

* How serious do the thoughts of separation need to be? A spouse can be thinking about it but not planning on going through with it.

* Forcing a spouse to disclose that they are thinking about separation or having an affair would likely end the relationship quickly.

* Financial arrangements about divorce are no fault in Canada; looking at thoughts of separation or an affair introduces fault into such financial arrangements.

* Postnups are there to deal with finances, not to enforce personal obligations such as staying in a marriage or being faithful.

In another case, Stevens v. Stevens, 2012 ONSC 706 (CanLII), the husband had an affair. As part of the reconciliation process, the couple negotiated a postnuptial agreement. The husband represented to the wife that he had ended the affair and was committed to working on their relationship. Despite this, he continued his affair throughout the negotiation of the postnup. Despite this, the court found that his conduct was not grounds to setting aside the agreement.

In short: a postnup can remain valid even in the presence of infidelity or emotional tension — as long as the negotiation process is fair.

What’s the cost and process for a Postnuptial Agreement?
The cost and process are the same as for a prenuptial agreement. We offer flat-fee services, which include full financial disclosure, customized drafting and legal advice.

For more information, you can read about the cost here and the process here.

You’re Invited to Call or E-Mail!

If you’re considering a post nuptial agreement — or have already made your decision — you’re invited to call or email us. We’ll explain for free how you can protect your assets and plan your estate. You can call us toll-free at (800) 837-0460 or email us using our contact form here. We can help you anywhere in Ontario.

In Quebec, prenuptial agreements are referred to as marriage contracts (contrats de mariage). These contracts are governed by the Civil Code of Québec (C.C.Q.), which provides a distinct legal framework compared to other Canadian provinces. The relevant provisions are primarily found in Book Two, Title Two, Chapter VI of the C.C.Q.

Purpose of a Marriage Contract

A marriage contract allows prospective spouses to choose a matrimonial regime. The default regime in Quebec is the partnership of acquests (régime de la société d’acquêts).

C.C.Q., art. 432 provides:

“Spouses who, before the solemnization of their marriage, have not fixed their matrimonial regime in a marriage contract, are subject to the regime of partnership of acquests.”

What is “Partnership of Acquests”?

It’s a type of property regime that divides the spouses’ property into two categories:

Private property (not shared): Includes what each spouse owned before the marriage, gifts, inheritances, etc.

Acquests (shared): Property acquired during the marriage through work, savings, investments, etc.

When the marriage ends (by divorce or death), the value of the acquests is divided equally between the spouses, but the private property is not shared.

However, with a marriage contract, spouses can opt for the separation as to property (séparation de biens) regime or establish a custom regime, provided it complies with public order and mandatory provisions of the law.

C.C.Q., art. 485 provides:

“The regime of conventional separation as to property is established by a simple declaration to this effect in the marriage contract.”

Under the separation as to property regime, there is no pooling or sharing of assets or debts, unless both spouses have agreed otherwise (e.g., through co-ownership or joint contracts). Each spouse owns and manages their property independently. There is no division of property when the marriage ends, instead each spouse keeps what they individually own. One spouse isn’t liable for the other’s debts.

Marriage contracts can include other stipulations: Any other clauses that are not contrary to public order or mandatory provisions can be included.

C.C.Q., art. 431provides:

“Any kind of stipulation may be made in a marriage contract, subject to the imperative provisions of law and public order.”

Formal Requirements

For a marriage contract to be valid in Quebec:

• Notarial Act: The contract must be executed as a notarial act (acte notarié en minute), meaning it must be signed before a notary.
• Registration: A notice of the marriage contract must be entered in the register of personal and movable real rights.

C.C.Q., arts. 440 – 442 provide:

“440. Marriage contracts shall be established by a notarial act en minute, on pain of absolute nullity.

441. The notary executing a marriage contract changing a previous contract shall immediately notify the depositary of the original marriage contract and the depositary of any contract changing the matrimonial regime. The depositary is bound to enter the change on the contract and on any copy he may make of it, indicating the date of the contract, the name of the notary and its minute number. The notation of the change may be made on the contract or, if applicable, on a copy of it or on a writing attached to the contract or copy, directly or by a reference.

442. A notice of every marriage contract shall be entered in the register of personal and movable real rights at the requisition of the officiating notary.”

Timing of the Contract

A marriage contract can be signed:

• Before marriage: In this case, the chosen matrimonial regime takes effect on the day of the marriage.
• After marriage: Spouses can change their matrimonial regime during the marriage by signing a new marriage contract. The new regime takes effect on the date of the new contract.

C.C.Q., arts 433 provides:

“A matrimonial regime, whether legal or conventional, takes effect on the day when the marriage is solemnized.

A change made to the matrimonial regime during the marriage takes effect on the day of the act attesting the change.

In no case may the parties stipulate that their matrimonial regime or any change to it will take effect on another date.”

C.C.Q., arts 438 provides:

“During marriage, spouses may change their matrimonial regime and any stipulation in their marriage contract, provided the change itself is made by marriage contract.

Gifts made in marriage contracts, including gifts mortis causa, may be changed even if they are stipulated as irrevocable, provided that the consent of all interested persons is obtained.

If a creditor suffers injury as the result of a change to a marriage contract, he may, within one year of becoming aware of the change, obtain a declaration that it may not be set up against him.”

Family Patrimony (Patrimoine familial)

Regardless of the chosen matrimonial regime, Quebec law imposes the concept of family patrimony, which includes:

• Residences used by the family.
• Household furnishings.
• Motor vehicles used for family transportation.
• Rights accrued under pension plans.

Upon dissolution of the marriage, these assets are divided equally between the spouses, regardless of ownership.

C.C.Q., art. 415 provides:

“The family patrimony is composed of the following property owned by one or the other of the spouses: the residences of the family or the rights which confer use of them, the movable property with which they are furnished or decorated and which serves for the use of the household, the motor vehicles used for family travel and the benefits accrued during the marriage under a retirement plan. The payment of contributions into a pension plan entails an accrual of benefits under the pension plan; so does the accumulation of service recognized for the purposes of a pension plan.

This patrimony also includes the registered earnings, during the marriage, of each spouse pursuant to the Act respecting the Québec Pension Plan (chapter R-9) or to similar plans.

The earnings contemplated in the second paragraph and accrued benefits under a retirement plan governed or established by an Act which grants a right to death benefits to the surviving spouse where the marriage is dissolved as a result of death are, however, excluded from the family patrimony.

Property devolved to one of the spouses by succession or gift before or during the marriage is also excluded from the family patrimony.

For the purposes of the rules on family patrimony, a retirement plan is any of the following:

 — a plan governed by the Supplemental Pension Plans Act (chapter R-15.1) or by the Voluntary Retirement Savings Plans Act (chapter R-17.0.1) or that would be governed by one of those Acts if one of them applied where the spouse works;

 — a retirement plan governed by a similar Act of a legislative jurisdiction other than the Parliament of Québec;

 — a plan established by an Act of the Parliament of Québec or of another legislative jurisdiction;

 — a retirement-savings plan;

 — any other retirement-savings instrument, including an annuity contract, into which sums from any of such plans have been transferred.”

Gifts and Donations

A marriage contract can include provisions for:

• Inter vivos gifts: Gifts made during the lifetime of the spouses.
• Mortis causa gifts: Gifts that take effect upon the death of a spouse.

Such provisions can be made irrevocable, meaning they cannot be changed without the consent of both parties.

Validity of Marriage Contracts Made Outside Quebec

If a couple signed a prenuptial agreement (marriage contract) outside Quebec but later lives in Quebec at the time of their separation, that contract may still be valid and enforceable in Quebec, with important limitations.

Quebec’s Private International Law Applies

Under Book Ten of the Civil Code of Québec (articles 3080–3168), the applicable matrimonial regime is generally determined by:

• The law of the place where the spouses had their first common habitual residence after marriage; or
• The law chosen in the marriage contract, provided it is the law of a place where at least one spouse had citizenship or residence at the time of the marriage.

C.C.Q. article 3122:

“The law applicable to a conventional matrimonial or civil union regime is determined according to the general rules applicable to the content of juridical acts.”

Example: If a couple lived in Ontario after their wedding and signed a prenup under Ontario law, Quebec will generally respect that regime.

If you and your spouse lived in different provinces at the time of marriage – for instance, if one of you lived in Ottawa, and the other in Gatineau – the domicile is the law of your first common residence. So, in this example as long as you and your partner initially live in Ontario rather than Quebec, this means that an Ontario prenup would be valid in Quebec.

Family Patrimony Cannot Be Waived

Even if a foreign marriage contract is valid, it cannot override Quebec’s mandatory family patrimony rules, which apply to all married couples domiciled in Quebec at the time of separation. According to section 423 of the Civil Code:

“The spouses may not, by way of their marriage contract or otherwise, renounce their rights in the family patrimony.”

What’s included in family patrimony?

• Family residences (owned or used)
• Furniture in those residences
• Vehicles used for family transport
• Pension plan contributions and RRSPs

So, in short, assets that are included in the family patrimony would be divided by Quebec law regardless of what the prenup said, and the remaining assets would be divided according to your prenup.

Foreign Contracts Must Be Valid Where Signed

A marriage contract that is not in notarial form (as required in Quebec) can still be effective if it meets the legal formalities of the place where it was made.

Example: A prenuptial agreement made under Ontario law may be valid in Ontario, even if it was not notarized in Quebec, as long as it complies with Ontario’s legal standards.

Conclusion

Marriage contracts in Quebec provide a legal means for spouses to define their matrimonial regime and make provisions for property and gifts. While offering flexibility, they are subject to formal requirements and certain mandatory provisions, such as the family patrimony rules. Consulting a notary is essential to ensure the contract complies with Quebec law and accurately reflects the intentions of the parties.

Individuals who are married or planning to marry in Nunavut can enter into legally binding marriage contracts, often referred to as prenuptial agreements. These contracts are governed by Nunavut’s Family Law Act, S.Nu. 1997, c.18, and allow couples to proactively define their financial responsibilities and entitlements during the marriage and upon separation, divorce, or death.

Legal Authority for Marriage Contracts

The key legislative foundation for marriage contracts in Nunavut is section 3(1) of the Family Law Act, which states:

“Persons who are married to each other or intend to marry may enter into an agreement in which they agree on their respective rights and obligations under the marriage or on separation, on the annulment or dissolution of the marriage or on death, including,

(a) ownership in or division of property;

(b) support obligations;

(c) the right to direct the education and moral training of their children, but not the right to custody of, access to and guardianship of the estates of their children; and

(d) any other matter in the settlement of their affairs.”

The statute thereby recognizes the right of couples to contract out of the default property or support rules, provided the agreement is legally valid and consistent with public policy.

Formal Requirements for Validity

To be legally enforceable in Nunavut, a marriage contract must satisfy the following statutory conditions under section 7(1) of the Family Law Act:

“A domestic contract, including an agreement to amend or rescind a domestic contract, is unenforceable unless it is made in writing, signed by the parties and witnessed.”

A verbal agreement, or an unsigned draft, will not be recognized by the court.

Although independent legal advice is not mandatory under the Family Law Act, it is strongly recommended. Courts are more likely to uphold the agreement if both parties had the opportunity to consult their own lawyers and made informed decisions.

What Can a Marriage Contract Cover?

Under section 3(1) of the Family Law Act, marriage contracts in Nunavut can be tailored to meet the couple’s specific needs and can include terms about:

• Who owns what property during and after the marriage;
• How assets and debts will be divided upon separation;
• Whether spousal support will be paid, and if so, how much and for how long;
• Education and moral training decisions regarding children;
• Any other financial or administrative arrangements the couple wishes to clarify in advance.

This flexibility allows couples to protect inheritances, address second-marriage considerations, or simply agree on financial expectations upfront.

What Marriage Contracts Cannot Cover

While marriage contracts are powerful tools, there are important statutory limitations in Nunavut.

1. Parenting Decisions Are Not Binding

Under section 3(2) of the Family Law Act, any clause in a marriage contract that tries to dictate custody, access, or guardianship of children’s estates is invalid:

“A provision in a marriage contract purporting to limit a spouse’s right to custody of, access to and guardianship of the estates of their children is unenforceable.”

Courts in Nunavut retain full discretion over parenting arrangements, and decisions will always be made based on the best interests of the child.

2. Court May Override Provisions in Children’s Best Interests

Even if a contract includes clauses about a child’s support or upbringing, section 8(1) of the Family Law Act allows a court to disregard any such term:

“In the determination of a matter respecting the support, education, moral training or custody of a child, access to a child or guardianship of the estate of a child, the court may disregard any provision in a domestic contract pertaining to the matter where, in the opinion of the court, it is in the best interests of the child to do so.”

This ensures that no private agreement can compromise a child’s legal rights or welfare.

Common Reasons for Using a Marriage Contract in Nunavut

Couples in Nunavut may use marriage contracts for a variety of purposes, including:

• Protecting property brought into the marriage, such as real estate or investments;
• Preserving family or cultural property, especially in multigenerational households;
• Clarifying spousal support expectations, including waivers;
• Preventing disputes by setting clear, written rules about financial responsibilities.

This can be especially helpful in remote or smaller communities where informal financial arrangements are common but can become legally ambiguous if the relationship ends.

Final Thoughts

Marriage contracts are fully supported under Nunavut law and can be an excellent tool for couples who want clarity and autonomy over their financial future. However, any contract that touches on children’s rights or oversteps the statutory limitations will not be enforceable.

To ensure enforceability and fairness:

• Put the agreement in writing;
• Have both parties sign it, with a witness present;
• Exchange full financial disclosure;
• Obtain independent legal advice wherever possible.

Properly prepared, a marriage contract can help couples in Nunavut manage their personal and cultural values while protecting legal interests in a respectful and transparent way.

You’re Invited to Call or E-Mail!

If you’re considering a prenuptial agreement — or have already made your decision — you’re invited to call or email us. We’ll explain for free how you can protect your assets and plan your estate. You can call us toll-free at (800) 837-0460 or email us using our contact form here. We can help you prepare an Ontario agreement.

In the Northwest Territories, prenuptial agreements, formally known as marriage contracts, are expressly recognized under the Family Law Act, S.N.W.T. 1997, c.18. These agreements allow individuals who are married or intend to marry to define their financial rights and obligations during the marriage and in the event of separation, divorce, or death.

Statutory Authority

The authority for marriage contracts is established in Section 3 of the Family Law Act, which states:

“Persons who are married to each other or intend to marry may enter into an agreement in which they agree on their respective rights and obligations under the marriage or on separation, on the annulment or dissolution of the marriage or on death, including,

(a) ownership in or division of property;

(b) support obligations;

(c) the right to direct the education and moral training of their children, but not

the right to custody of, access to and guardianship of the estates of their

children; and

(d) any other matter in the settlement of their affairs.”

This provision provides a clear legal framework for parties to organize their financial and personal affairs privately, outside the default rules that would otherwise apply under Northwest Territories law.

Requirements for Validity and Enforceability

For a marriage contract to be enforceable in the Northwest Territories, the Family Law Act stipulates the following formal requirement in section 7(1) of the Family Law Act:

“A domestic contract, including an agreement to amend or rescind a domestic contract, is unenforceable unless it is made in writing, signed by the parties and witnessed”

In addition to this formal requirement, enforceability also depends on common law principles, including:

• Voluntary consent;
• Full financial disclosure;
• Absence of duress, undue influence, or misrepresentation;
• Substantive fairness at the time of enforcement.

What Can a Northwest Territories Marriage Contract Cover?

Marriage contracts in the Northwest Territories may address a wide range of financial and personal matters, as per Section 3 of the Family Law Act, including:

• Ownership or division of property, including property acquired before or during the marriage;
• Spousal support obligations, including agreed amounts, waivers, or time limits;
• The right to direct the education and moral training of their children;
• Any other matter in the settlement of their affairs.

These provisions allow couples to tailor their financial arrangements and responsibilities to suit their individual needs and circumstances.

What a Marriage Contract Cannot Cover

The Family Law Act imposes certain limitations on the scope of marriage contracts. Under section 3(2) of the Family Law Act:

“A provision in a marriage contract purporting to limit a spouse’s right to custody of, access to and guardianship of the estates of their children is unenforceable.”

These limitations ensure that the rights and welfare of children are protected, regardless of the terms agreed upon by the parents.

Common Uses of Marriage Contracts in the Northwest Territories

Marriage contracts are commonly used to:

• Clarify ownership of pre-marital property;
• Define how property will be divided on separation or death;
• Protect family businesses, farms, or inheritances;
• Waive or limit spousal support;
• Prevent future disputes by setting expectations in advance.

By addressing these matters proactively, couples can reduce the potential for conflict and litigation in the event of a relationship breakdown.

Conclusion

Marriage contracts in the Northwest Territories provide a valuable legal tool for couples to define their financial rights and obligations. While they offer considerable flexibility, certain statutory limitations, particularly concerning children’s rights, must be observed.

To ensure a marriage contract is enforceable:

• It must be in writing, signed by both parties, and witnessed;
• The parties should provide full financial disclosure;
• Each party should seek independent legal advice;
• The terms should be fair and not unconscionable.

By adhering to these requirements, couples can create a marriage contract that provides clarity and reduces the risk of future disputes.

You’re Invited to Call or E-Mail!

If you’re considering a prenuptial agreement — or have already made your decision — you’re invited to call or email us. We’ll explain for free how you can protect your assets and plan your estate. You can call us toll-free at (800) 837-0460 or email us using our contact form here. We can help you prepare an Ontario agreement.

Marriage contracts, Yukon’s term for prenuptial agreements, are valid and enforceable under the Family Property and Support Act, RSY 2002, c. 83. These contracts allow spouses or soon-to-be spouses to make binding arrangements about property division, support, and other financial matters in the event of separation, divorce, or death. They give couples the opportunity to tailor their financial relationship rather than rely on the statutory defaults.

Statutory Authority

The authority for marriage contracts is found in Section 1 of the Family Property and Support Act, which defines a marriage contract as:

“’marriage contract’ means an agreement between two persons entered into before their marriage, or during their marriage while cohabiting, in which they agree on their respective rights and obligations under the marriage or on the breakdown of their marriage, including

(a) ownership in or division of property,

(b) support obligations, and

(c) any other matter in the settlement of their affairs;”

Section 2(1) of the Family Property and Support Act states:

“Except as otherwise provided by this Act, if a marriage contract or separation agreement makes provision in respect of a matter that is provided for in this Act, the contract prevails.”

This provides a clear statutory foundation for parties to organize their financial affairs privately and outside the default rules that would otherwise apply under Yukon law. This means that, in general, a valid marriage contract can override the statutory rules in the Act—unless a specific provision of the Act prohibits it.

Requirements for Validity and Enforceability

For a marriage contract to be enforceable in Yukon, the Family Property and Support Act imposes the following formal requirement at section 61(1):

“A domestic contract does not affect the rights of a person under this Act unless it is in writing, signed by both parties and witnessed by an independent third person”

In addition to formal validity, enforceability also depends on common law principles including:

• Voluntary consent;
• Full financial disclosure;
• No duress, undue influence, or misrepresentation;
• Substantive fairness at the time of enforcement.

Although legal advice is not mandatory, it is strongly recommended to help ensure enforceability and reduce the risk of a court setting aside the agreement.

What Can a Yukon Marriage Contract Cover?

Marriage contracts in Yukon may address a wide range of financial and personal matters, as per the statutory definition in Section 1, including:

• Ownership or division of assets, whether acquired before or during the marriage;
• Spousal support arrangements, including waivers or fixed terms;
• Debts and liabilities, and how they will be allocated;
• Other financial matters the parties wish to regulate in advance.

In short, a properly drafted contract gives couples the flexibility to pre-agree on the financial terms of a potential separation, helping reduce uncertainty and disputes.

What a Marriage Contract Cannot Cover

Under Yukon law, marriage contracts cannot limit or override a spouse’s statutory rights under Part 2 of the Family Property and Support Act.

Section 2(3) of the Act states:

“Despite any other provision of this Act, any provision in a marriage contract that purports to limit the rights of a spouse under Part 2 is void”

Part 2 of the Family Property and Support Act (Sections 19–29) is titled “Family Home” and creates mandatory rights for both spouses relating to the family residence. These rights apply regardless of whose name is on title and cannot be waived by contract. They include:

• Equal right to possess the family home during the marriage (section 22);
• Protection against unilateral sale or mortgage of the home without the other spouse’s consent (section 23);
• Right to register a caveat or court order to protect possession rights (sections 24–25, 29);
• Court power to grant exclusive possession or resolve disputes about the home (section 27);
• Entitlement to notice or redemption rights if the home is subject to enforcement or foreclosure (section 28).

In short, Part 2 rights are inalienable. Marriage contracts cannot be used to exclude a spouse from their possessory or protective rights in the family home.

Clauses tied to chastity are unenforceable. Section 62(1) of the Family Property and Support Act provides:

“A provision in a separation agreement or a provision in a marriage contract to take effect on separation whereby any right of a spouse is dependent on remaining chaste is void, but this subsection shall not be construed to affect a contingency on remarriage or cohabitation with another.”

Child custody, access, and support provisions are subject to the best interests of the child, and may be disregarded by the court if inconsistent with that standard.

Common Uses of Marriage Contracts in Yukon

Marriage contracts are commonly used to:

• Protect property acquired before marriage, such as a home, business, or inheritance;
• Clarify division of assets on separation or death;
• Secure family property in second marriages or blended families;
• Define or waive spousal support obligations;
• Prevent future legal disputes by establishing expectations early on.

These contracts are especially valuable where one spouse has significantly more assets than the other or when either party is entering the marriage with complex financial arrangements.

Conclusion

Marriage contracts, Yukon’s version of prenuptial agreements, are explicitly recognized in the Family ProperMarriage contracts in Yukon are explicitly supported under the Family Property and Support Act. They allow couples to exercise private control over many aspects of their financial relationship, both during the marriage and if it ends.

However, their scope is not unlimited. Rights to the family home, clauses based on chastity, and parenting matters cannot be overridden by agreement.

To be legally binding, a Yukon marriage contract must:

• Be in writing and signed by both parties;
• Be witnessed by an independent third party;
• Be made voluntarily, with full understanding;
• Comply with public policy and avoid unconscionable outcomes.

Used thoughtfully, these agreements can reduce future conflict and provide financial security and peace of mind for both partners.

You’re Invited to Call or E-Mail!

If you’re considering a prenuptial agreement — or have already made your decision — you’re invited to call or email us. We’ll explain for free how you can protect your assets and plan your estate. You can call us toll-free at (800) 837-0460 or email us using our contact form here. We can help you prepare an Ontario agreement.

In Prince Edward Island (PEI), prenuptial agreements, formally referred to as marriage contracts, are legally recognized and enforceable under the Family Law Act, RSPEI 1988, c F-2.1. These agreements allow couples who are married or intend to marry to define their rights and obligations concerning property division, spousal support, and other related matters.

Statutory Authority

The authority for marriage contracts in PEI is established in Section 51 of the Family Law Act, which states:

“Two persons who are married to each other or intend to marry may enter into an agreement in which they agree on their respective rights and obligations under the marriage or on separation,

on the annulment or dissolution of the marriage or on death including

(a) ownership in or division of property;

(b) support obligations;

(c) the right to direct the education and moral training of their children, but not the right to parenting time, decision-making responsibility, or contact with their children;

(c.1) the payment of the expenses of a child’s prenatal care and birth;

(c.2) funeral expenses of the child or mother; and

(d) any other matter in the settlement of their affairs.”

This provision provides clear statutory authority for prenuptial agreements (marriage contracts) in the province.

Requirements for Validity and Enforceability

To be enforceable under Section 55 of the Family Law Act, a marriage contract must:

• Be in writing;
• Be signed by both parties; and
• Be witnessed.

Additional considerations impacting enforceability include:

1. Voluntariness

Courts may set aside a marriage contract if a party did not enter into it voluntarily or if they did not understand the nature or consequences of the agreement.

2. Full Financial Disclosure

While not explicitly mandated in the Act, failure to disclose significant assets, debts, or liabilities can be grounds for setting aside the contract.

3. Independent Legal Advice

Although not a statutory requirement, obtaining independent legal advice is strongly recommended. The absence of such advice may influence a court’s decision regarding the fairness and enforceability of the agreement.

4. Unconscionability and Fairness

Courts retain the discretion to set aside a marriage contract if it is found to be unconscionable or grossly unfair.

Section 55 of the Family Law Act provides as follows:

55. (1) In the determination of a matter respecting the education or moral training of a child the court may disregard any provision of a domestic contract pertaining to the matter where, in the opinion of the court, to do so is in the best interests of the child, in accordance with the Children’s Law Act.

(2) A provision in a domestic contract to take effect on separation whereby any right of a party is dependent upon remaining chaste is unenforceable, but this subsection shall not be construed to affect a contingency upon marriage or cohabitation with another.

(3) A provision in a domestic contract made before this section comes into force whereby any right of a party is dependent upon remaining chaste shall be given effect as a contingency upon marriage or cohabitation with another.

(4) A court may, on application, set aside a domestic contract or a provision in it

(a) if a party failed to disclose to the other significant assets, or significant debts or other

liabilities, existing when the domestic contract was made;

(b) if a party did not understand the nature or consequences of the domestic contract; or

(c) otherwise in accordance with the law of contract.

(5) Subsection (4) applies despite any agreement to the contrary.”

What Can a Prenuptial Agreement Cover?

According to Section 51 of the Family Law Act, a marriage contract in PEI can include terms addressing:

• Ownership or division of property (pre-marital, marital, business, real estate, etc.);
• Spousal support obligations, including the amount, duration, or waiver of support;
• Education and moral training of children;
• Payment of expenses related to a child’s prenatal care and birth;
• Funeral expenses of the child or mother;
• Other matters in the settlement of their affairs, such as debt division or financial management rules.

However, Section 51(1)(c) explicitly prohibits agreements from addressing parenting time, decision-making responsibility, or contact with children. These matters are always subject to the court’s determination based on the best interests of the child.

Common Uses for Marriage Contracts

Marriage contracts are frequently used in the following situations:

• Second marriages, to protect inheritance rights or obligations to children from a prior relationship;
• Disparity in premarital assets, where one party owns a business, home, or investment portfolio;
• Farm or family property, to protect intergenerational assets;
• Protecting inheritances or gifts, especially if received or expected during the marriage;
• Clarifying debt responsibility, particularly if one party enters the marriage with significant liabilities.

Setting Aside a Marriage Contract

Courts in PEI have the discretion to set aside a marriage contract, or specific provisions within it, in the following circumstances:

• Significant financial non-disclosure;
• A party did not understand the nature or consequences of the agreement;
• The contract is unconscionable or grossly unfair.

Even where both parties had legal advice and full disclosure was provided, a contract may be varied or disregarded if circumstances at the time of enforcement make its application unjust.

Conclusion

Marriage contracts (prenuptial agreements) are expressly authorized in Prince Edward Island under Section 51 of the Family Law Act. These agreements allow couples to define their financial rights and responsibilities before or during marriage, including how assets and support will be dealt with upon separation or death.

To ensure enforceability:

• The agreement must be in writing, signed, and witnessed;
• Full financial disclosure should be exchanged;
• Each party should obtain independent legal advice;
• The agreement should avoid unfair, coercive, or one-sided terms.

When properly executed, a marriage contract can offer clarity, certainty, and protection to both parties, and prevent costly disputes in the future.

You’re Invited to Call or E-Mail!

If you’re considering a prenuptial agreement — or have already made your decision — you’re invited to call or email us. We’ll explain for free how you can protect your assets and plan your estate. You can call us toll-free at (800) 837-0460 or email us using our contact form here. We can help you prepare an Ontario agreement.

In Newfoundland and Labrador, prenuptial agreements, referred to in legislation as marriage contracts, are explicitly permitted under Part IV of the Family Law Act, RSNL 1990, c F-2. These agreements allow individuals who are married or intend to marry to set out their rights and obligations during the marriage or upon separation, annulment, dissolution, or death.

Statutory Authority

Marriage contracts are governed by Section 62 of the Family Law Act, which states:

“Two persons who are married to each other or intend to marry may enter into an agreement in which they agree on their respective rights and obligations under the marriage or on separation, on the annulment or dissolution of the marriage or on death, including

                 (a)         ownership in or division of property;

                 (b)         support obligations;

                 (c)         the right to direct the education and moral training of their children, but not the right to custody of or access to their children; and

                 (d)         other matters in the settlement of their affairs.”

This provision provides clear statutory authority for prenuptial agreements (marriage contracts) in the province.

Requirements for Validity and Enforceability

To be enforceable under Section 65 of the Family Law Act, a marriage contract must:

• Be in writing;
• Be signed by both parties; and
• Be witnessed.

Additional considerations impacting enforceability include:

1. Voluntariness

Courts may set aside a marriage contract if a party did not enter into it voluntarily or if they did not understand the nature or consequences of the agreement (s. 66(4)(b)).

2. Full Financial Disclosure

Though not explicitly mandated in the Act, failure to disclose significant assets, debts, or liabilities is grounds for setting aside the contract under s. 66(4)(a).

3. Independent Legal Advice

While not required by the statute, obtaining legal advice is strongly recommended. The lack of independent legal advice may factor into a finding that the agreement was unconscionable or misunderstood by a party.

4. Unconscionability and Fairness

Per section 66(4)(c), courts retain the discretion to set aside a marriage contract “in accordance with the law of contract,” including where it is unconscionable, grossly unfair, or made under duress or misrepresentation.

Section 66(4) of the Family Law Act provides that:

“A court may, on application, set aside a domestic contract or a provision in it

             (a)  where a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;

             (b)  where a party did not understand the nature or consequences of the domestic contract; or

             (c)  otherwise in accordance with the law of contract.”

What Can a Prenuptial Agreement Cover?

According to section 62 of the Family Law Act, a marriage contract in Newfoundland and Labrador can include terms addressing:

• Ownership or division of property (pre-marital, marital, business, real estate, etc.);
• Spousal support obligations, including the amount, duration, or waiver of support;
• Education and moral training of children;
• Other matters in the settlement of their affairs, such as debt division or financial management rules.

However, section 62(c) explicitly prohibits agreements from addressing custody or access to children. These matters are always subject to the court’s determination based on the best interests of the child, per section 66(1) of the Family Law Act.

Common Uses for Marriage Contracts

Marriage contracts are frequently used in the following situations:

• Second marriages, to protect inheritance rights or obligations to children from a prior relationship;
• Disparity in premarital assets, where one party owns a business, home, or investment portfolio;
• Farm or family property, to protect intergenerational assets;
• Protecting inheritances or gifts, especially if received or expected during the marriage;
• Clarifying debt responsibility, particularly if one party enters the marriage with significant liabilities.

Setting Aside a Marriage Contract

Courts in Newfoundland and Labrador have broad discretion under section 66(4) of the Family Law Act to set aside a marriage contract, or specific provisions within it, in the following circumstances:

• (a) Significant financial non-disclosure;
• (b) A party did not understand the nature or consequences of the agreement;
• (c) On general principles of contract law (e.g., duress, misrepresentation, unconscionability).

Even where both parties had legal advice and full disclosure was provided, a contract may be varied or disregarded if circumstances at the time of enforcement make its application unjust.

Conclusion

Marriage contracts (prenuptial agreements) are expressly authorized in Newfoundland and Labrador under section 62 of the Family Law Act. These agreements allow couples to define their financial rights and responsibilities before or during marriage, including how assets and support will be dealt with upon separation or death.

To ensure enforceability:

• The agreement must be in writing, signed, and witnessed;
• Full financial disclosure should be exchanged;
• Each party should obtain independent legal advice;
• The agreement should avoid unfair, coercive, or one-sided terms.

When properly executed, a marriage contract can offer clarity, certainty, and protection to both parties, and prevent costly disputes in the future.

You’re Invited to Call or E-Mail!

If you’re considering a prenuptial agreement — or have already made your decision — you’re invited to call or email us. We’ll explain for free how you can protect your assets and plan your estate. You can call us toll-free at (800) 837-0460 or email us using our contact form here. We can help you prepare an Ontario agreement.