Marriage contracts, Yukon’s term for prenuptial agreements, are valid and enforceable under the Family Property and Support Act, RSY 2002, c. 83. These contracts allow spouses or soon-to-be spouses to make binding arrangements about property division, support, and other financial matters in the event of separation, divorce, or death. They give couples the opportunity to tailor their financial relationship rather than rely on the statutory defaults.

Statutory Authority

The authority for marriage contracts is found in Section 1 of the Family Property and Support Act, which defines a marriage contract as:

“’marriage contract’ means an agreement between two persons entered into before their marriage, or during their marriage while cohabiting, in which they agree on their respective rights and obligations under the marriage or on the breakdown of their marriage, including

(a) ownership in or division of property,

(b) support obligations, and

Section 2(1) of the Family Property and Support Act states:

“Except as otherwise provided by this Act, if a marriage contract or separation agreement makes provision in respect of a matter that is provided for in this Act, the contract prevails.”

This provides a clear statutory foundation for parties to organize their financial affairs privately and outside the default rules that would otherwise apply under Yukon law. This means that, in general, a valid marriage contract can override the statutory rules in the Act—unless a specific provision of the Act prohibits it.

Requirements for Validity and Enforceability

For a marriage contract to be enforceable in Yukon, the Family Property and Support Act imposes the following formal requirement at section 61(1):

“A domestic contract does not affect the rights of a person under this Act unless it is in writing, signed by both parties and witnessed by an independent third person”

In addition to formal validity, enforceability also depends on common law principles including:

Voluntary consent;
Full financial disclosure;
No duress, undue influence, or misrepresentation;
Substantive fairness at the time of enforcement.

Although legal advice is not mandatory, it is strongly recommended to help ensure enforceability and reduce the risk of a court setting aside the agreement.

What Can a Yukon Marriage Contract Cover?

Marriage contracts in Yukon may address a wide range of financial and personal matters, as per the statutory definition in Section 1, including:

Ownership or division of assets, whether acquired before or during the marriage;
Spousal support arrangements, including waivers or fixed terms;
Debts and liabilities, and how they will be allocated;
Other financial matters the parties wish to regulate in advance.

In short, a properly drafted contract gives couples the flexibility to pre-agree on the financial terms of a potential separation, helping reduce uncertainty and disputes.

What a Marriage Contract Cannot Cover

Under Yukon law, marriage contracts cannot limit or override a spouse’s statutory rights under Part 2 of the Family Property and Support Act.

Section 2(3) of the Act states:

“Despite any other provision of this Act, any provision in a marriage contract that purports to limit the rights of a spouse under Part 2 is void”

Part 2 of the Family Property and Support Act (Sections 19–29) is titled “Family Home” and creates mandatory rights for both spouses relating to the family residence. These rights apply regardless of whose name is on title and cannot be waived by contract. They include:

Equal right to possess the family home during the marriage (section 22);
Protection against unilateral sale or mortgage of the home without the other spouse’s consent (section 23);
Right to register a caveat or court order to protect possession rights (sections 24–25, 29);
Court power to grant exclusive possession or resolve disputes about the home (section 27);
Entitlement to notice or redemption rights if the home is subject to enforcement or foreclosure (section 28).

In short, Part 2 rights are inalienable. Marriage contracts cannot be used to exclude a spouse from their possessory or protective rights in the family home.

Clauses tied to chastity are unenforceable. Section 62(1) of the Family Property and Support Act provides:

“A provision in a separation agreement or a provision in a marriage contract to take effect on separation whereby any right of a spouse is dependent on remaining chaste is void, but this subsection shall not be construed to affect a contingency on remarriage or cohabitation with another.”

Child custody, access, and support provisions are subject to the best interests of the child, and may be disregarded by the court if inconsistent with that standard.

Common Uses of Marriage Contracts in Yukon

Marriage contracts are commonly used to:

Protect property acquired before marriage, such as a home, business, or inheritance;
Clarify division of assets on separation or death;
Secure family property in second marriages or blended families;
Define or waive spousal support obligations;
Prevent future legal disputes by establishing expectations early on.

These contracts are especially valuable where one spouse has significantly more assets than the other or when either party is entering the marriage with complex financial arrangements.

Conclusion

Marriage contracts, Yukon’s version of prenuptial agreements, are explicitly recognized in the Family ProperMarriage contracts in Yukon are explicitly supported under the Family Property and Support Act. They allow couples to exercise private control over many aspects of their financial relationship, both during the marriage and if it ends.

However, their scope is not unlimited. Rights to the family home, clauses based on chastity, and parenting matters cannot be overridden by agreement.

To be legally binding, a Yukon marriage contract must:

Be in writing and signed by both parties;
Be witnessed by an independent third party;
Be made voluntarily, with full understanding;
Comply with public policy and avoid unconscionable outcomes.

Used thoughtfully, these agreements can reduce future conflict and provide financial security and peace of mind for both partners.

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.