Prenup Thoughts

To many people, the idea of a prenup is repulsive. But the reality is that if you are cohabiting with someone else, you already have a cohabitation agrement, whether you know it or not. This contract or agreement is provided to you courtesy of the government. It is normally known as the Family Law Act or Family Relations Act.

This Act sets out what happens when your relationship ends. Who gets what. How much support is payable. What happens with the children. And your relationship will end – if not by separation, then by death.

The problem is that the government’s contract is not always fair, nor does it provide what you want or expect to happen if your relationship should end. In many cases, the law is uncertain and it is expensive to go to court to secure the rights you may have.

For instance, did you know that in some provinces if you live with someone without marrying, you could find that at the end of a 20-year or longer relationship, you wind up with nothing while your partner ends up with everything. Again, there are ways to find that your spouse has been unjustly enriched at your expense, but that is one of the most complex and unpredictable areas of family law, and you will need to pay a lawyer tens of thousands of dollars to fight this, spend many months or even years fighting this, and there is no guarantee you will be successful.

Did you know that a prenup can be a useful estate planning tool? Without a cohabitation, your partner may be entitled to more than what you provided for your partner under your will.

As well, you will be putting your business at risk if you are in business with someone who does not have a prenup.

We see a lot of people every day going through separations who are getting hurt tremendously. A lot of this could have been prevented if they had entered into a prenup. Don’t fall into this same trap!

It is never too late to enter into a prenup. Even if you are in a relationship, you can still enter into one.

So, take the time to browse through our site and see whether a prenup is right for you.

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.


  1. Paul Church says

    I am on my second marriage and require a prenup. If mine is written that I give my spouse 60 days to vacant my house, how do I draft this notice so it is legal?

  2. @Paul – when you are married, a spouse has a right to remain in the matrimonial home, regardless of any legal document that may state otherwise.

  3. What is the decision for couple who got married in their country like Iran? I mean all moneys that we had before marriage, it would be for own ?

    • prenuplawyer says

      @Orod – The law that applies is the law where you are living when your relationship ends. The location of your marriage does not change this.

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