Prenuptial agreements are legally recognized across the country. However, each province and territory has its own legal framework for property division and the enforcement of domestic contracts. While the federal Divorce Act governs aspects of divorce, spousal support and child support, property rights and contract enforcement are governed by provincial law.
In the common law provinces, the general principles around prenuptial agreements are similar: written agreements signed voluntarily with full disclosure and independent legal advice are typically upheld. That said, there are important local differences, such as how the matrimonial home is treated in Ontario or how property is classified in British Columbia. Quebec follows a civil law system, with unique rules for matrimonial regimes.
This guide breaks down the key rules and considerations in each province and territory, so you can make informed decisions based on where you live.
Table of Contents
- Prenuptial Agreements in Ontario
- Prenuptial Agreements in British Columbia
- Prenuptial Agreements in Alberta
- Prenuptial Agreements in Saskatchewan
- Prenuptial Agreements in Manitoba
- Marriage Contracts in Quebec
- Prenuptial Agreements in New Brunswick
- Prenuptial Agreements in Nova Scotia
- Prenuptial Agreements in Newfoundland and Labrador
- Prenuptial Agreements in Prince Edward Island
- Prenuptial Agreements in Yukon
- Prenuptial Agreements in Northwest Territories
- Prenuptial Agreements in Nunavut
Prenuptial Agreements in Ontario
Ontario recognizes prenuptial agreements as marriage contracts under section 52 of the Family Law Act. The province has strict rules around the matrimonial home, and couples often use contracts to override the default property equalization regime.
Learn more about prenuptial agreements in Ontario →
Prenuptial Agreements in British Columbia
Under BC’s Family Law Act, prenuptial agreements can set aside the default rules of property division. The law distinguishes between excluded property and family property, and BC courts have a strong track record of enforcing valid domestic agreements.
Learn more about prenuptial agreements in British Columbia →
Prenuptial Agreements in Alberta
Prenups in Alberta are governed by the Family Property Act. A valid agreement must meet specific formalities, including separate legal counsel for both parties and certificates of acknowledgement.
Learn more about prenuptial agreements in Alberta →
Prenuptial Agreements in Saskatchewan
Saskatchewan’s Family Property Act allows couples to contract out of the statutory property division scheme. As in Alberta, both parties must have independent legal advice and sign an acknowledgement for the agreement to be binding.
Learn more about prenuptial agreements in Saskatchewan →
Prenuptial Agreements in Manitoba
In Manitoba, the Family Property Act governs prenups. Agreements must be in writing, signed, witnessed, and certified by lawyers for both parties. Without a prenup, Manitoba’s default rules impose a near-50/50 split of assets.
Learn more about prenuptial agreements in Manitoba →
Marriage Contracts in Quebec
Quebec uses a civil law system, not common law. Prenups are called marriage contracts and are governed by the Civil Code of Québec, which includes matrimonial regimes (e.g., partnership of acquests, separation as to property).
Learn more about marriage contracts in Quebec →
Prenuptial Agreements in New Brunswick
New Brunswick law allows couples to enter into domestic contracts before or during marriage. While there is no specific statute for prenups, courts follow general contract law and family law principles.
Learn more about prenuptial agreements in New Brunswick →
Prenuptial Agreements in Nova Scotia
Nova Scotia’s Matrimonial Property Act permits prenuptial agreements to override the default 50/50 division of property. As with other provinces, independent legal advice and full disclosure are key to enforceability.
Learn more about prenuptial agreements in Nova Scotia →
Prenuptial Agreements in Newfoundland and Labrador
Prenups are legal and enforceable in Newfoundland and Labrador under the Family Law Act, provided they are signed, witnessed, and entered into freely. Courts consider disclosure and fairness when enforcing agreements.
Learn more about prenuptial agreements in Newfoundland and Labrador →
Prenuptial Agreements in Prince Edward Island
Under PEI’s Family Law Act, couples can create binding prenuptial agreements. These contracts must comply with basic contract principles and are often upheld where there is legal advice and financial transparency.
Learn more about prenuptial agreements in Prince Edward Island →
Prenuptial Agreements in Yukon
Yukon’s Family Property and Support Act governs marriage contracts and prenuptial agreements. Agreements must be in writing, signed, and witnessed to be valid.
Learn more about prenuptial agreements in Yukon →
Prenuptial Agreements in Northwest Territories
Prenups are recognized under the Family Law Act of the Northwest Territories. Similar to other jurisdictions, validity depends on formality, fairness, and legal advice.
Learn more about prenuptial agreements in Northwest Territories →
Prenuptial Agreements in Nunavut
Nunavut follows a similar framework to the Northwest Territories. Prenups are enforceable under the Family Law Act, assuming they are properly executed and not unconscionable.
Learn more about prenuptial agreements in Nunavut →
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.
I am an Ontario lawyer. Through Canada’s national mobility rules, I am able to provide independent legal advice on prenuptial agreements governed by all other provinces and territories, except Quebec.
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Hi there,
I wish to get married to an Iranian citizen who lives in UK. Currently, I work in UK and I am Canadian citizen. I have a property in Canada. I want to bring her to Canada later in the next two years.
But I wish to know when we move to Canada, and we live in my property, in case we ever get divorce, will my apartment be considered a Matrimonial Home and therefore, I need to have a prenup if I wish to keep that for myself in such occasions.
Thanks,
@Alireza – Yes, that is correct. You should also consider consulting a solicitor in the UK as they family law regime there is quite different than in Ontario.
In BC if a women received an insurance settlement from an automobile accident ($175K remaining) to help pay future living costs – and years later got married, could the other spouse make a claim for half of the amount then remaining if they divorced? Would a prenuptial agreement specifically covering this matter be needed to protect the insurance settlement, or does legal precedent do that?
Thanks
Don Lamont
Hello I am getting married on March 14, 2014 and would like to have a prenuptial agreement done. I own property in Alberta that I want to protect, I don’t want to assume his debts going into our marriage and be indemnified against future debts he incurs on his own during our marriage. My plan is to keep all of my current bank accounts and credit cards separate and to keep our current budget/receipt tracker going.
What are the typical costs to have an agreement drawn up?
Hi. I live in Manitoba. Moved in with boyfriend a year ago. We both have legal wills which were done prior to co-habitation which clearly designates any of our individual funds/belongings will go to our own children upon either of us passing on.
Is a pre -nup agreement required?
@Darlene – Wills deal with the situation where one passes away. Prenups can deal with that situation too, but generally deal with the situation where partners separate.
I am looking to get married for the 2nd time. He is American and I am Canadian. I would be sponsoring him to live here. We already have a child together who is almost 2 years old. I want to protect my residences and equity of my main residence and all assets in case of future divorce. I also want to make sure I do not take his debts or future debts.
I forgot to mention I live in Ontario.
Last thing I forgot to mention. I also want to protect my pension in case of divorce and do not want to pay any alimony.
@Tammy – You can do all of that – protect your residences, pension, and other assets – in a prenup.
In your case, given that your partner would be emigrating to Canada, you should be aware that you will need to sign a sponsorship agreement with the government requiring you to support your partner for three years after he arrives in Canada. This agreement overrides any other agreement, including a prenup.
Hey there,
I’m a Canadian citizen living in Saskatchewan. I traveled abroad to Denmark to marry my wife who is from Russia. Her visa application has been granted for permanent residence and she will be travelling here in about 3 months and I’m looking to see how to protect myself. My mom has passed away 2 years ago and I inherited some money that I used to purchase a house and invest in rrsps.
In the event things go south with the wife, is there a way to protect my house and my Financial assets? Thanks for your time
Would prefer an email response if possible, I did leave a voicemail but it sounded like I needed to set something up and didn’t.
Hello,
I am planning to prepare and sign a prenup agreement with my partner before marriage. I live in Ontario and she lives in India, Is that mandatory to have a lawyer for her (partner) to sign a prenup agreement? so we both need a lawyer?
Thank you!
it is not legally mandatory for both parties to have a lawyer in order to sign a valid prenup. However, it is strongly recommended that both parties receive independent legal advice—especially if one party is living abroad.
Having separate lawyers ensures that:
– Each party fully understands the terms and legal consequences of the agreement;
– The agreement is less likely to be challenged later on the basis of unfairness, lack of understanding, or undue influence;
If your partner is in India, she can still work with an Ontario lawyer remotely.