For many couples in Nova Scotia, a marriage contract offers peace of mind. Whether you’re entering your first marriage, remarrying, or simply planning for the future, a well-drafted contract can help define how assets, property, debt, and spousal support will be handled during your relationship, and if it ends.
But what happens if things change or go wrong?
Can you challenge a marriage contract in Nova Scotia? Can a marriage contract be overturned? What makes a marriage contract invalid?
In this post, we break down what a marriage contract is, how legally binding it really is, the grounds for challenging one in Nova Scotia, and what to do if you’re concerned about the validity of your own agreement.
A marriage contract is a legal agreement between two people who are married or about to get married. It’s also sometimes called a prenup or postnup, depending on when it’s signed — before or after the wedding. In Nova Scotia, these contracts are governed by the Matrimonial Property Act.
So, what is a marriage contract, in practical terms?
It’s a written agreement that can cover things like:
Marriage contracts can’t include decisions about child custody or child support, since those must be determined based on the child’s best interests at the time of separation.
Yes, but only if they meet certain legal requirements.
For a marriage contract to be considered valid and enforceable under Nova Scotia law, it must:
While these contracts are legally recognized in Nova Scotia, courts can set aside a marriage contract if it doesn’t meet legal standards or seems fundamentally unfair.
In other words, marriage contracts are legally binding but not unbreakable.
So, what makes a marriage contract invalid?
Nova Scotia courts may overturn or “set aside” a marriage contract for several legal reasons. These challenges usually fall into two categories: how the contract was created (process) and what’s actually in it (content).
Let’s look at the most common grounds for challenging a marriage contract in Nova Scotia:
When signing a marriage contract, both people are expected to fully disclose their finances including assets, debts, income, and liabilities.
If one partner hid information — like owning a business, having large debts, or holding property — the agreement may be set aside.
Why it matters: You can’t make an informed decision without a clear picture of your partner’s financial situation. Courts take this very seriously.
Although not legally required in most provinces, independent legal advice (ILA) is one of the best ways to protect the integrity of a marriage contract.
If only one person got legal advice, or if the other person didn’t fully understand the contract before signing, the court may decide it’s unenforceable.
At Jointly, we provide a certificate of independent legal advice with every agreement so that you can bring it to a lawyer in your area if you choose to. We believe in accessible, transparent legal education, but we also know that having a lawyer’s input can make your agreement stronger. It is an added expense, but a good idea if you can afford it.
A contract must be signed voluntarily. If one person felt pressured, coerced, or rushed into signing, the court may find that the agreement isn’t valid.
Examples of duress include:
This is why it’s important to start early and allow time for both partners to reflect, ask questions, and get legal advice if needed. Starting the process of making your prenup a few months before the wedding at the latest is best practice.
Even if a marriage contract meets all the legal requirements, it can still be set aside if the terms are grossly unfair or one-sided.
A court may ask:
For example, if one spouse stayed home to care for children while the other built a successful business and the contract gives the stay-at-home spouse nothing, a court may see that as unconscionable.
Fairness matters. Fairness doesn’t mean everything has to be perfectly equal but it does mean that both parties are treated with respect and dignity and have their contributions valued.
While courts don’t overturn marriage contracts lightly, they may do so if circumstances have changed so drastically that the agreement no longer makes sense.
Examples include:
This is why it’s important to review and update your marriage contract after major life changes. We’ve included a review form with every Jointly agreement that you can sign with your partner every few years if your agreement still fits. If it doesn’t, you can change your prenup or make a new agreement any time if you both agree.
Courts look at two main things when deciding whether to uphold or overturn a marriage contract:
The burden of proof is on the person challenging the marriage contract. That means they need to show that something about the agreement or how it was created was legally flawed or deeply unfair.
If a court finds that a marriage contract is invalid or unenforceable, it won’t be used to settle financial issues. Instead, Nova Scotia’s default family law rules will apply.
That typically means:
These default rules are designed to be fair but they may not reflect what you and your partner would have chosen.
This is why having a valid and thoughtful marriage contract matters. It gives you both more control over your financial future.
If you’re thinking about creating a marriage contract (or reviewing one you already have) here are some steps you can take to reduce the risk of it being challenged in court:
At Jointly, we make it easy to build a clear, balanced, and legally-informed marriage contract that you can trust. Our platform walks you through the process step by step, and includes a certificate of legal advice that you can take to a lawyer in your area if you’d like.
A marriage contract in Nova Scotia can be a powerful tool for protecting your future but only if it’s done properly. If you’re wondering about challenging a marriage contract in Nova Scotia, or want to make sure yours is solid, the key is transparency, fairness, and legal integrity.
Whether you’re starting from scratch or updating an existing agreement, Jointly can help. We offer an affordable and guided way to build a contract that reflects your values… and holds up in court.
Take control of your relationship’s future.
Start your marriage contract now at getjointly.ca.
Amanda BaronI'm Amanda, one of the founders of Jointly. I've been working as a lawyer in British Columbia for over ten years. I have a deep commitment to access to justice and building stronger, more resilient communities. I’ve always believed that everyone deserves affordable, clear, and accessible legal solutions to navigate life’s big moments.