In Ontario, a prenuptial agreement – or prenup – and a marriage contract are the same legal document. “Marriage contract” is the technical term used in Ontario’s Family Law Act (FLA), whereas a “prenup” is the common, everyday term. Lawyers and courts use “marriage contract” to describe any domestic contract entered into by spouses or people who intend to marry.

Under section 52(1) of the FLA, two people who are married, or who intend to marry, can create an agreement regarding their respective rights and obligations:

• while married, or
• upon separation, annulment or dissolution, or death.

This typically covers property division, spousal support, ownership of specific assets, and debt responsibility. It cannot, however, determine parenting time, decision-making responsibility, or child support for children of the relationship, issues the court decides based on the best interests of the child.

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

Does the date the agreement is signed determine what it is called?

A marriage contract can be made before, on, or during the marriage. An agreement signed before the wedding is commonly called a “prenup”; and an agreement signed after the marriage is normally called a “postnuptial agreement.” Both are legally valid and are governed by the same rules under the Family Law Act.

What is the difference between a prenup and a cohabitation agreement?

A prenuptial agreement (often called a “prenup”) and a cohabitation agreement are similar legal agreements but are used in different circumstances. A prenuptial agreement is entered into by couples who intend to marry and sets out their rights and responsibilities during the marriage and upon separation or divorce. A cohabitation agreement is used by couples who are living together in a common-law relationship and want to establish their rights and obligations without getting married. Under Ontario law, both agreements can address many of the same issues, including property ownership, support obligations, and financial arrangements, but the main difference is whether the couple is married or living together without marriage. If a couple with a cohabitation agreement later marries each other, that agreement is automatically deemed to be a marriage contract unless the parties have agreed otherwise.

Federal and Provincial Law

While marriage contracts, along with property division generally, fall under provincial family law legislation, divorce and related support and parenting orders for married spouses are dealt with in the federal Divorce Act.

Refer to Marriage Contracts for more information.

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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