A Prenuptial Agreement (also called a marriage contract) is a legally binding contract signed by two individuals before they get married.
It sets out how property, debts, income, and other financial matters will be handled during the marriage and in the event of separation, divorce, or death.
A Simple Divorce — sometimes called an Uncontested Divorce — is a legal process where one spouse files for divorce, asking only for the dissolution of the marriage.
It does not involve claims related to child custody, support, or division of property as part of the divorce application itself (those matters are either already settled or are dealt with separately).
Safeguard property or business interests accumulated before marriage.
Outline how income, expenses, debts, and investments will be managed during the marriage.
Reduce the risk of expensive and emotionally draining litigation in the event of a separation.
Protect inheritances or gifts intended to remain within a family.
Offer predictability and peace of mind for both partners.
Ensure that children from previous relationships are provided for.
A Prenuptial Agreement can address a wide range of topics, including:
Important:
A Prenuptial Agreement cannot limit child support obligations or predetermine custody and access rights — those issues must always be determined based on the best interests of the children at the time of separation.
In Ontario (and most other jurisdictions), for a Prenuptial Agreement to be enforceable, it must be:
Important:
A Prenuptial Agreement cannot limit child support obligations or predetermine custody and access rights — those issues must always be determined based on the best interests of the children at the time of separation.
As early as possible — ideally months before the wedding. Rushing an agreement close to the wedding date can lead to challenges about fairness and validity later.
Yes. You can amend or revoke a Prenuptial Agreement at any time by creating a new written agreement signed by both parties.
No. A Prenuptial Agreement benefits anyone who wants clarity, protection, or certainty — regardless of asset size.
In the event of a separation or divorce, your property and debts will be divided according to provincial family law, which may not reflect your personal wishes.
A Prenuptial Agreement isn’t about expecting the worst — it’s about building a strong, open partnership and protecting your mutual future. At Fletcher Barrow, we approach Prenuptial Agreements with sensitivity, respect, and a commitment to fairness for both parties.