A prenuptial agreement—commonly called a prenup—is a legal contract made before marriage. In Ontario, prenups are known as marriage contracts under the Family Law Act. They help couples plan ahead and protect their property if the relationship ends.
1. Why Get a Prenup?
Many people think prenups are only for the wealthy, but that’s not true. A prenup can help you:
- Keep property you owned before marriage
- Protect a family home or cottage
- Keep a business separate
- Set rules for spousal support
- Protect future inheritance
2. What a Prenup Can and Can’t Do
A prenup can:
- Say who keeps what property if you separate
- Set rules for spousal support
- Outline how finances will be handled during marriage
A prenup cannot:
- Decide child custody or child support (courts always decide this based on the child’s best interests at the time of separation)
3. Is a Prenup Enforceable in Ontario?
Yes—if it’s done properly. For a prenup to be valid:
- Both people must give full financial disclosure
- It must be signed voluntarily (not under pressure)
- Each person should get independent legal advice
- The terms must be fair
Jessica Luong is the founder and principal lawyer of J. Luong Law, a boutique family law firm with offices in Toronto and Windsor, Ontario. With experience in both courtroom advocacy and out-of-court negotiation, she offers a comprehensive approach to resolving complex family law matters. Jessica is recognized for her skill in combining strong advocacy with a client-centered approach, ensuring that her clients’ needs and best interests are always at the forefront. She can be reached by phone at (226) 256-9988 or by email at Jessica@jluonglaw.com
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