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;

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.