Prenuptial Agreements

What is a Prenuptial Agreement?

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.

Prenuptial Agreements typically address:

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).

Simple Divorce is suitable when:

Why Consider a Prenuptial Agreement?

Protect Your Assets

Safeguard property or business interests accumulated before marriage.

Clarify Financial Responsibilities

Outline how income, expenses, debts, and investments will be managed during the marriage.

Avoid Costly Disputes

Reduce the risk of expensive and emotionally draining litigation in the event of a separation.

Preserve Family Wealth

Protect inheritances or gifts intended to remain within a family.

Provide Certainty

Offer predictability and peace of mind for both partners.

Support Blended Families

Ensure that children from previous relationships are provided for.

What Can a Prenuptial Agreement Cover?

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.

How to Ensure a Valid Prenuptial Agreement

In Ontario (and most other jurisdictions), for a Prenuptial Agreement to be enforceable, it must be:

  • In writing;
  • Signed voluntarily by both parties;
  • Properly witnessed;
  • Based on full and frank financial disclosure from both parties;
  • Negotiated fairly, without coercion, undue pressure, or significant unfairness;
  • Each party ideally receives independent legal advice (each person should have their own lawyer).

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.

Frequently Asked Question

When should we start discussing a Prenuptial Agreement?

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.

Can we change or revoke our Prenuptial Agreement after marriage?

Yes. You can amend or revoke a Prenuptial Agreement at any time by creating a new written agreement signed by both parties.

Is a Prenuptial Agreement only for wealthy individuals?

No. A Prenuptial Agreement benefits anyone who wants clarity, protection, or certainty — regardless of asset size.

What happens if we don’t have a Prenuptial Agreement?

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.

Plan Today, Protect Tomorrow

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.

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