What It Is, How It Works, and Why It Matters
Marriage is a big step — not just emotionally, but legally and financially too. If you’re planning to tie the knot in Ontario, you’ve probably heard of a prenuptial agreement, sometimes called a prenup agreement or domestic contract. But what does it actually mean? How does it work in this province? And is it something you should even consider?
If you’re curious, skeptical, or just want to be informed, you’re in the right place. Let’s break down exactly what a prenuptial agreement in Ontario is, how it works, when you can get one, and why more couples — yes, even the happy ones — are choosing to sign one before marriage.
What Is a Prenuptial Agreement?
A prenuptial agreement (or prenup) is a legal contract made between two people before they get married. It outlines how property, finances, and possibly support will be handled if the marriage ends, either through divorce or death.
In Ontario, this type of agreement is formally known as a marriage contract under the Family Law Act. It’s a powerful way for couples to protect their individual assets, clarify financial expectations, and avoid unnecessary conflict later.
So if you’ve ever asked, “What is a prenuptial agreement?” or “What is a prenup?” — the short answer is: it’s a document that helps you plan for the future, no matter what happens.
How Does a Prenuptial Agreement Work?
The way a prenuptial agreement works is relatively straightforward — but getting it right is critical.
Each person provides full financial disclosure (think: income, property, debts, pensions, and business interests). Then, with the help of a family lawyer, the couple agrees on how to deal with those assets if the marriage breaks down. This might include how to divide property, whether spousal support will be paid, or how inheritances are treated.
For example, if one spouse owns a house before marriage and wants to protect it from division later, the agreement can spell that out. If one partner has significant debt or owns a business, those concerns can be addressed, too.
If you’re wondering how does a prenuptial agreement work in Ontario, know this: for it to be enforceable, both parties must sign voluntarily, without pressure, ideally with independent legal advice on both sides. Courts in Ontario will generally uphold valid prenups — but they may set them aside if they’re deeply unfair, signed under duress, or done without full disclosure.
Why People Choose a Prenup (It’s Not Just About Divorce)
Let’s clear up a common myth: getting a prenup isn’t pessimistic. It’s practical. Think of it like an insurance policy. No one hopes to use it, but it gives you peace of mind.
People in Ontario choose prenuptial agreements for all sorts of reasons:
- To protect pre-marital property, like a home or investments
- To define rights around a family business
- To shield inheritances or gifts from future division
- To clarify financial roles in the marriage
- To prevent future disputes if things don’t work out
And honestly? Having these conversations early can actually strengthen your relationship. It forces openness, communication, and alignment on important financial values before life gets more complicated.
Can You Get a Prenuptial Agreement After Marriage?
Yes — you can. While a prenuptial agreement is signed before marriage, couples who are already married can still enter into a similar agreement called a postnuptial agreement or simply a marriage contract.
So if you’re already married and asking, “Can you get a prenuptial agreement after marriage?”, the answer is yes — and it’s not too late. The process is very similar: you disclose your finances, decide how to handle key issues, and work with lawyers to draft a contract that’s legally sound.
You can get started with this at any point by reaching out for a free consultation to see what’s possible in your situation.
How Do You Get a Prenuptial Agreement in Ontario?
Here’s what the process usually looks like:
- Each partner meets with their own family lawyer.
- You disclose your financial situation honestly and thoroughly.
- The lawyer helps draft terms based on your goals and legal rights.
- Both parties review the draft and ask questions or negotiate changes.
- You sign the agreement in writing, ideally well in advance of the wedding.
Want to know what it will cost? You can check out our pricing page for transparent details on flat-rate services for domestic contracts.
If you’re ready to talk to a lawyer about creating a prenup, use our contact page to reach out directly.
Do Prenups Hold Up in Ontario Courts?
Yes — when done properly. Ontario courts generally respect prenuptial agreements as long as they meet key criteria:
- Both parties had legal advice
- Financial disclosure was full and accurate
- The agreement was signed voluntarily, without pressure
- The terms are not “unconscionable” or wildly unfair
If these boxes are checked, the agreement becomes a powerful tool to avoid costly and drawn-out legal disputes in the future. That said, no agreement is bulletproof — which is why having a qualified lawyer draft and review it is so important.
FAQs About Prenuptial Agreements in Ontario
Q: What is a prenuptial agreement, really?
It’s a written contract signed before marriage that outlines how property, debts, and support will be handled if the marriage ends.
Q: Can we write one ourselves?
You can try — but to be enforceable, both sides should get independent legal advice. A DIY prenup without legal review can easily fall apart in court.
Q: What’s the difference between a prenup and a marriage contract?
In Ontario, they’re effectively the same thing — a domestic contract signed before or during marriage. “Prenup” is just the common term.
Q: Does a prenup mean we don’t trust each other?
No. It means you’re having honest conversations about the future. Many couples say it actually builds more trust, not less.
Q: How much does it cost to get a prenuptial agreement in Ontario?
Costs vary. Simple agreements start around $1,500, but it depends on your situation and how complex the agreement is.
Final Thoughts
A prenuptial agreement in Ontario isn’t just about planning for what could go wrong — it’s about creating a strong foundation for whatever comes your way. Whether you’re bringing significant assets into the marriage or just want to protect your future selves from confusion and conflict, a prenup can be one of the most responsible decisions you make as a couple.
If you’re curious about whether a prenuptial agreement is right for you, we’re here to help. You can reach out to us through our contact page or book a free consultation to talk it through, no pressure.
This article provides general information, not legal advice.
Family court website
Government website
Child support agreements
Parenting arrangements
Spousal support
Dividing property