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.