The easiest, fastest, and most affordable way to create a prenuptial agreement in Canada is to use Legal Line’s prenuptial agreement template.

A prenup (marriage contract) is a written, signed, and witnessed agreement between two people who are married or intend to marry. The steps to create one are set out in Part IV of the Family Law Act (FLA).

Step 1: Exchange full financial disclosure

Each party should disclose their significant assets, debts, and other liabilities that exist at the time the contract is made. Failing to disclose significant assets or debts is a specific, named ground for a court to later set aside the agreement.

Step 2: Decide what the contract will cover

Common issues found in the agreement include:

• how property will be divided,
• whether spousal support will be waived or limited, ownership of specific assets (such as a business or investments), and
• responsibility for debts.

A marriage contract cannot limit a spouse’s right to possession of the matrimonial home, and it cannot determine future parenting time, decision-making responsibility, or child support.

Step 3: Have the agreement drafted

Marriage contracts can be drafted by a family lawyer who understands current FLA requirements. However, couples can also create the document themselves using online software.

Step 4: Get independent legal advice (ILA)

Although it is not mandatory, each party should retain a separate lawyer to explain the agreement’s effect on their individual rights. One lawyer generally cannot advise both spouses because it would be a conflict of interest.

Step 5: Sign and witness the agreement

To be enforceable, the agreement must be in writing, signed by both parties, and witnessed. An oral agreement about marriage-related property or support, however clear, is not a valid domestic contract in Ontario.

When should you create a prenup?

It is best to start the process well ahead of the wedding date. Agreements signed at the last minute are more vulnerable to a claim that a party felt rushed or pressured, which can support an application to set the agreement aside.

Getting the advice and help you need

Before you say “I do,” protect your future. Contact Prenup.ca for clear, enforceable marriage contracts that safeguard your assets and reduce conflict if things change. Speak with an experienced Ontario family lawyer today at 1-800-837-0460 .

Get your Prenup Agreement

Everyone should consider having a prenup to establish clear expectations, address important financial matters, and help prevent conflicts in the future.

The easiest, fastest, and most affordable way to create a prenuptial agreement in Canada is to use Legal Line’s prenuptial agreement template.

								
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