Planning for the future means more than just thinking about retirement or investments. For couples, it often involves considering how assets, debts, and family responsibilities will be handled during the relationship and beyond. Two important tools that help with this planning are marriage agreements and estate planning.
Together, these documents provide clarity, protect assets, and reduce conflict, ensuring that couples and families are cared for in the ways they intend.
A marriage agreement is a contract between spouses that outlines how financial and personal matters will be handled if the relationship ends. These agreements can be made before or after marriage and are often called prenuptial (prenup) or postnuptial (postnup) agreements. These agreements are especially valuable for couples who want to avoid uncertainty and potential court proceedings in the event of a separation.
A prenuptial agreement is signed before marriage. It sets out how assets and debts will be divided if the marriage ends. Prenuptial agreements are often used when one or both spouses bring assets or debts, children from a prior relationship, or business interests into the marriage. Even if none of these categories apply to you, prenups can still be useful because they can protect future assets, provide for spousal support, and reduce conflict in the event of a separation down the road.
A postnuptial agreement is created after the couple is already married. It serves the same purposes as a prenup but is signed after the wedding. Couples may create postnuptial agreements after experiencing changes such as starting a business, receiving an inheritance, or facing financial challenges, or simply because they didn’t create a prenup before marriage.
When creating a marriage agreement, couples should think about:
Estate planning is the process of organizing how your assets and responsibilities will be managed if you pass away or become incapacitated. Many people ask what is estate planning and why is it necessary. At its core, estate planning ensures your wishes are respected, your loved ones are protected, and your financial legacy is managed effectively.
A comprehensive estate plan can include:
Marriage agreements and estate planning often work hand in hand. A marriage agreement can outline financial rights and obligations during the relationship, while an estate plan determines what happens when one spouse passes away.
Marriage agreements help protect premarital property, family businesses, or inheritances, while estate planning ensures those assets are passed on according to your wishes. For example, a prenup can specify that a business remains separate property, and a will can designate that the business passes to children from a prior relationship.
Marriage agreements clarify how property and debts will be handled if the relationship ends, while estate planning clarifies how assets will be distributed upon death. Together, they reduce uncertainty and conflict by setting expectations clearly.
Marriage agreements may influence how assets are treated for tax purposes, particularly when separating personal property from marital property. Estate planning can then incorporate these distinctions to ensure tax efficiency and compliance with Canadian law.
Whenever a marriage agreement is created or updated, wills and trusts should also be reviewed. Changes in marital obligations can affect inheritance plans, guardianship designations, and trust structures. Keeping both documents aligned prevents contradictions and ensures your estate plan reflects current agreements.
If you want to integrate a marriage agreement into your estate planning, consider the following steps:
By combining marriage agreements with estate planning, couples create a stronger foundation for their financial and personal future.
A prenup is signed before marriage, while a postnup is signed after marriage. Both cover similar issues, such as property division and financial responsibilities. The key difference is timing.
Yes, prenuptial agreements are enforceable in Canada if they meet legal requirements. This includes full financial disclosure, fairness, and independent legal advice for both spouses. Courts may strike down agreements that are one-sided or signed under pressure.
Bottom line: Marriage agreements and estate planning are complementary tools that help couples plan for the future. By addressing both, you can protect assets, reduce conflict, and make sure your wishes are respected during your life and after.
Peace of mind is only a click away. Start your prenup, postnup or cohabitation agreement with Jointly for free today.
Aimee SchallesHi, I'm Aimee, a co-founder of Jointly. I’ve been working as a lawyer in British Columbia for over ten years. I run a small law firm and love helping people solve everyday problems. I’ve seen the difficulties that ordinary people face in accessing reliable legal services. I’ve also seen many friends and clients go through challenging separations that could have been improved if they’d have had a prenup or cohabitation agreement. I hope Jointly helps people make the relationship agreement they’ve been thinking about! Latest posts by Aimee Schalles (see all)