Prenuptial Agreement in Ontario: What It Is and Why Couples Consider One
Jun 15, 2026
Kelly Jordan and Emma Katz, partners at Kelly D. Jordan Family Law, have extensive experience in drafting and negotiating marriage contracts, sometimes referred to as prenuptial agreements. They have been invited to present to lawyers from across Canada at the National Family Law Program, Federation of Law Societies of Canada, in July 2026 on the topic of “Marriage Contracts/ Cohabitation Agreements: Who, When, Why, How and What Not to Do”.
Getting married is an exciting milestone. Along with planning a wedding, couples are also considering their future together. They want to have open conversations about finances, property, and expectations before they marry. For some, creating a prenuptial agreement is an important part of that process.
A prenuptial agreement — which is called a marriage contract in Ontario— can help couples clarify financial arrangements, protect certain assets, and reduce uncertainty if the marriage later ends through separation or divorce. While some people associate these agreements with wealthy individuals, they can be beneficial for couples from many different backgrounds and financial situations.
At Kelly Jordan Family Law, we help individuals and couples understand their rights and options when considering a prenuptial agreement in Ontario, Canada. We help clients with the preparation of prenuptial agreements — from negotiation to drafting.
In this blog post, we help you understand how these agreements work and how to make informed decisions before your wedding day.
What Is A Prenuptial Agreement?
A prenuptial agreement is a legal contract entered into by two people before they get married. In Ontario, prenuptial agreements are known as marriage contracts under the Family Law Act.
A marriage contract allows couples to set out how certain financial and property-related issues will be handled during the marriage or if the relationship ends in the future.
While no one enters a marriage expecting it to fail, a marriage contract can provide clarity and certainty regarding important financial matters. Having these discussions before marriage can encourage transparency and communication between partners.
What Is Included In A Prenuptial Agreement?
As every relationship is unique, the contents of a prenuptial agreement will vary depending on the couple’s circumstances.
However, many marriage contracts address topics such as:
- Ownership of property brought into the marriage
- Division of assets acquired during the marriage
- Responsibility for debts
- Protection of family businesses
- Treatment of inheritances and gifts
- Spousal support obligations
- Financial responsibilities during the marriage
- Rights regarding investment accounts and savings
For example, one spouse may own a business before marriage and want to make it clear that the business will remain their separate property. Another couple may wish to outline how a cottage, investment property, or inheritance would be treated if they separate.
A well-drafted prenuptial agreement can help prevent misunderstandings and reduce the likelihood of future disputes.
What Can A Prenuptial Agreement Cover Under Ontario Law?
Ontario’s Family Law Act allows spouses to make agreements about many financial matters. A marriage contract can address:
Property Rights
Couples can establish rules regarding ownership, division, and management of property. This may include real estate, investments, business interests, vehicles, and other assets.
Spousal Support
A prenuptial agreement may contain provisions regarding spousal support in the event of separation. Courts will generally consider these provisions, although enforceability depends on the circumstances and factors under applicable law.
Financial Responsibilities
Couples can confirm that they will not be responsible for each other’s debts and outline how debts will be treated if the relationship ends.
Estate Planning Considerations
Some couples use marriage contracts alongside their estate planning to help coordinate how assets will be managed or distributed in the future.
What Cannot Be Included In A Prenuptial Agreement?
Although marriage contracts can address many financial issues, there are limits under Ontario law.
For example, a marriage contract in Ontario cannot determine parenting arrangements or decision-making responsibility for future children. Courts must always make decisions regarding children based on the child’s best interests at the relevant time.
Similarly, provisions that are clearly unfair, obtained through pressure, or based on incomplete financial disclosure may be vulnerable to legal challenge later.
This is one reason why working with experienced family lawyers is important when preparing a marriage contract.
Why Do Couples Consider A Prenuptial Agreement?
There are many reasons couples may choose to create a prenuptial agreement before marriage.
Common situations include:
- One spouse owns a business
- One or both spouses have significant assets
- One spouse has received or expects to receive an inheritance
- One spouse has children from a previous relationship
- The couple wishes to protect family property
- The spouses want greater financial certainty
In many cases, a prenuptial agreement is less about anticipating divorce and more about establishing clear expectations and protecting important assets.
Couples often find that discussing finances before marriage helps them better understand each other’s goals and priorities.
How Does The Prenuptial Agreement Process Work?
Creating a prenuptial agreement typically involves several important steps.
1. Initial Discussions
The process often begins with conversations between the couple regarding their goals, concerns, and expectations. Identifying priorities early can help streamline the drafting process.
2. Financial Disclosure
Both parties should provide complete and accurate information about their finances. This may include:
- Income information
- Real estate holdings
- Investments
- Business interests
- Debts and liabilities
- Savings and retirement accounts
Full financial disclosure is one of the most important factors in creating an enforceable agreement.
3. Drafting The Agreement
A family lawyer prepares the marriage contract based on the couple’s instructions and circumstances. The agreement should clearly set out each party’s rights and obligations.
4. Independent Legal Advice
Each spouse should obtain independent legal advice before signing. This helps ensure that both individuals understand the agreement and its potential consequences, and strengthens the enforceability of the agreement.
5. Review And Signing
Once all parties are satisfied with the terms, the agreement is signed and witnessed in accordance with Ontario legal requirements.
How Long Before Marriage Should You Start A Prenuptial Agreement?
One of the most common questions couples ask is how far in advance they should begin the process.
Ideally, couples should start discussing a prenuptial agreement several months before their wedding date. In many cases, beginning the process at least six months before the wedding provides sufficient time for financial disclosure, negotiations, revisions, and independent legal advice.
The timeline can vary depending on:
- The complexity of the couple’s finances
- Whether businesses or significant assets are involved
- The amount of negotiation required
- The availability of legal counsel
Waiting until the final weeks before a wedding can create unnecessary pressure and may increase the risk of future challenges to the agreement. Starting early allows both parties to make decisions thoughtfully and without time constraints.
Work With Family Lawyers On Your Prenuptial Agreement
A prenuptial agreement can provide you with peace of mind as you prepare for marriage. Because these agreements can have long-term legal and financial implications, it is important to ensure they are drafted properly and comply with Ontario law.
If you are considering a prenuptial agreement in Ontario, experienced family lawyers can guide you through the process and help create an agreement that reflects your unique circumstances and goals. Reach out to the team at Kelly Jordan Family Law, led by Lexpert Ranked Lawyer Kelly D. Jordan, who can help you with your prenuptial contract.
Contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation, so that we can provide the guidance and support you need.