Prenuptial Agreements in Canada 2025

Updated March 2025 • 9 min read

A prenuptial agreement — called a marriage contract in most Canadian provinces — is a legal document signed before marriage that sets out how assets, debts, and support will be handled if the marriage ends. Despite the stigma, prenups are practical tools used by many couples, not just the wealthy.

What Is a Marriage Contract in Canada?

Canadian law refers to prenuptial agreements as marriage contracts. They are governed by provincial legislation — there is no federal law on the subject. Each province has its own rules about what can and cannot be included, and what makes a marriage contract enforceable.

Common provincial statutes include Ontario's Family Law Act, BC's Family Law Act, Alberta's Matrimonial Property Act, and Quebec's Civil Code. The fundamental principles are similar but the details differ, so getting advice from a lawyer in your province is essential.

What Can a Marriage Contract Cover?

Most provinces allow a marriage contract to address:

• Division of property accumulated before and during the marriage
• Treatment of inheritances and gifts received during marriage
• Spousal support (amount, duration, or waiving it altogether)
• Business interests and how they will be treated
• Debts brought into the marriage
• How specific assets (a family cottage, investment portfolio, business) will be treated

What Cannot Be in a Marriage Contract

Marriage contracts cannot override children's rights. Specifically:

• You cannot waive or reduce child support — courts can override any such clause
• Custody and access arrangements cannot be determined in a prenup (courts decide based on the child's best interests at the time)
• Provisions that are unconscionable or that were signed under duress can be set aside

Making a Marriage Contract Enforceable

For a marriage contract to hold up in court, several conditions typically must be met:

1. Independent legal advice: Each partner should have their own lawyer review the agreement. Sharing a lawyer creates grounds to challenge the contract later.
2. Full financial disclosure: Both parties must disclose all assets, liabilities, and income. Hiding assets is grounds to void the agreement.
3. No duress or undue pressure: The agreement must be signed voluntarily. Signing days before the wedding under pressure is a red flag courts take seriously.
4. In writing and witnessed: Marriage contracts must be in writing and signed by both parties in the presence of witnesses.
5. Time to review: Both parties should have adequate time to read, understand, and negotiate the agreement — not a last-minute rush.

How Much Does a Prenup Cost in Canada?

Legal costs vary by complexity and location. A straightforward marriage contract with two lawyers (one per side) typically costs between $1,500 and $5,000 total. Complex situations — business ownership, significant assets, international property — can cost $100 or more. The cost is modest compared to the potential cost of contested litigation without one.

Who Needs a Marriage Contract?

Marriage contracts are worth considering if:

• One partner has significantly more assets or debt than the other
• Either partner owns a business
• Either partner expects a large inheritance
• This is a second marriage with children from a prior relationship
• One partner owns real estate
• There is a significant income gap between partners
• Either partner has significant student loan or other debt

Marriage Contracts and Quebec

Quebec has a distinct legal system. Couples married in Quebec are subject to a matrimonial regime — a set of rules governing property. The default regime is partnership of acquests, which divides assets accumulated during marriage equally. Couples can opt for separation as to property (no sharing) or community of property. A notarized marriage contract can change the regime. Quebec couples should consult a notary (notaire) rather than a regular lawyer.

Updating Your Marriage Contract

Life changes. A marriage contract can be amended or replaced with a new one — called a domestic contract or separation agreement if done after marriage. Both parties must agree and the same requirements for enforceability apply.

Bottom Line

A marriage contract is not a sign of distrust — it is a practical financial planning tool. Having the money conversation before marriage often strengthens the relationship. Consult a family law lawyer in your province to draft an agreement that will actually hold up if it's ever needed.