Agreements between people who are married or who intend to marry are legally enforceable in Manitoba. These are governed by the law of domestic contracts, and are commonly called spousal agreements.

Spousal agreements allow couples to make arrangements about:

• Ownership and division of property,
• Spousal support,
• Rights on separation or death.

They are not binding in advance on issues related to parenting or child support.

What makes a spousal agreement enforceable in Manitoba?

The enforceability of spousal agreements in Manitoba is determined using general contract law principles, including procedural and substantive fairness. There are several key elements:

1. Voluntary and Informed Consent

The agreement must be signed voluntarily and with full understanding. This means:

• No duress or undue influence;
• No misleading or manipulative conduct.

2. Independent Legal Advice

While not legally required, independent legal advice (ILA) is strongly recommended. A party who does not receive ILA is more likely to succeed in challenging the agreement later.

Lawyers are advised to:

• Provide a clear explanation of the agreement and its implications;
• Confirm that the client is entering into the agreement voluntarily;
• Document the advice given and retain a copy of the signed agreement.

If one party chooses not to get legal advice, it is recommended that they sign an acknowledgment confirming this choice and understanding the consequences.

3. Full Financial Disclosure

Each party should disclose their financial circumstances, including:

• Income;
• Assets and liabilities;
• Potential entitlements (e.g., pensions, business shares, inheritances).

Failure to provide adequate disclosure may lead to the agreement being set aside.

4. Fairness

While parties are free to contract as they wish, a Manitoba court may set aside or decline to enforce terms that are grossly unfair or unconscionable, especially if circumstances have changed significantly since signing.

What issues can a Manitoba spousal agreement cover?

A spousal agreement can address:

• Ownership of property during the relationship;
• Property division upon separation or death;
• Spousal support, including waivers or specific payment arrangements;
• Management of household finances and expenses;
• Clarification of debts and financial responsibilities.

However:

• Parenting arrangements and child support cannot be finally determined in advance. Any clause purporting to restrict a parent’s ability to seek support or decision-making responsibility is not binding.

Legal Effect under The Family Property Act

The right to contract out of Manitoba’s default property rules is explicitly recognized in section 5(1) of The Family Property Act, which states:

“This Act does not apply to any asset disposed of by a spousal agreement or common-law relationship agreement or as to which the Act is made inapplicable by the terms of a spousal agreement or common-law relationship agreement, but where a spousal agreement or common-law relationship agreement is silent as to an asset this Act if otherwise applicable to the asset applies as if the spousal agreement or common-law relationship agreement did not exist.”

This means:

• If the agreement addresses an asset, the statute does not apply to it.
• If the agreement is silent on an asset, the default rules under the Act will apply.

The statute provides flexibility, but it places significant weight on the clarity and completeness of the contract.

When are spousal agreements useful?

Spousal agreements are particularly helpful where:

• One or both parties own property before marriage or cohabitation;
• One party expects to receive an inheritance or family gift;
• There are children from a previous relationship;
• The parties wish to avoid the default 50/50 division under the Act;
• A business, farm, or family asset needs to be preserved from division.

Spousal Support Clauses

A spousal agreement can include a waiver of support, or fix support terms in advance. However, waivers are not absolute. A Manitoba court may override a support clause if:

• The agreement is grossly unfair;
• One party has suffered hardship;
• There has been a significant change in circumstances.

It is recommended to language that acknowledges the potential for variation and shows the parties understood the risks and limitations.

Conclusion

Spousal agreements in Manitoba (often called prenuptial agreements in casual usage) are legally enforceable when drafted carefully and in accordance with contract principles. They provide a useful way for couples to take control over property and support issues, especially in blended family or high-asset situations.

Their enforceability depends on:

• Full disclosure;
• Independent advice;
• Clear, fair terms;
• Compliance with section 5(1) of The Family Property Act.

When used properly, a spousal agreement can provide clarity, reduce future conflict, and uphold the autonomy of both parties.

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.