If you’re planning to get married – or are already married – you might be wondering whether you need a marriage contract or a prenuptial agreement. You might also be wondering…
Are they the same thing?
What’s the difference between a marriage contract vs prenuptial agreement?
Are prenups legally binding in Canada?
Can you write one yourself?
And—perhaps most importantly—what happens if you don’t have one?
Let’s break it down in plain language.
What Is A Prenuptial Agreement In Canada?
A prenuptial agreement (or “prenup”) is a legal contract that a couple signs before getting married. It outlines how finances, property, and responsibilities will be handled during the marriage and in the event of a separation or divorce. It’s essentially a way for you and your partner to set your own rules instead of relying solely on provincial family law.
Your prenup can cover:
- What assets remain individual property
- How shared property or debt will be divided
- Whether spousal support will be paid
- How day-to-day finances will be handled
While prenups used to be associated only with the wealthy, the truth is that a prenup is useful for any couple who wants clarity and control over their financial future.
What Is A Marriage Contract In Canada?
In most provinces, the legal term for a prenuptial agreement is actually a marriage contract.
A marriage contract in Canada can be signed before or during marriage, which means it can function as either a prenup or a postnup.
In Ontario, for example, marriage contracts are governed by the Family Law Act and can include the same kinds of terms as a prenup.
So, what is a marriage contract? It’s the legal name for a contract that defines spousal property rights and obligations in a marriage. You can use one to:
Here’s a polished version of your bullet points for clarity and tone consistency:
- Opt out of the default rules around property division
- Decide how debts or inheritances will be handled
- Outline future expectations for financial support
Key Differences Between a Prenup and a Marriage Contract in Canada
Legally speaking, a prenuptial agreement and a marriage contract cover the same topics – but there are a few important distinctions.
Timing
A prenuptial agreement is signed before marriage.
A marriage contract can be signed before or during a marriage.
If you’ve already tied the knot, a marriage contract is your only option – but the process and the subject matter are virtually the same.
Terminology by Province
The term “prenuptial agreement” is commonly used in everyday conversation.
But most Canadian provinces (including Ontario and British Columbia) refer to these contracts legally as “marriage contracts.”
Don’t let the wording confuse you – a prenup is just a type of marriage contract.
Applicability to Common-Law Couples
If you’re in a common-law relationship, you can’t sign a marriage contract but you can still protect your finances with a cohabitation agreement.
A cohabitation agreement functions similarly to a prenup: it sets out expectations for property, finances, and support, and can convert to a marriage contract if you later marry.
What Can Be Included in a Prenup or Marriage Contract In Canada?
You and your partner can use a prenup or marriage contract to decide:
- Property ownership: Who owns what now and in the future
- Debt: Who’s responsible for existing or future debt
- Spousal support: Whether either person will pay support, and how much
- Inheritance or gifts: How these are treated in a breakup
- Matrimonial home: How the home will be dealt with
You cannot use a prenup or marriage contract to limit parental responsibilities or child support. Courts will not enforce terms that are not in the best interest of the child.
Why Use a Prenup or Marriage Contract in Canada?
1. To protect individual property
If you own a home, a business, or expect an inheritance, a prenup or marriage contract can protect your interests.
2. To avoid default provincial rules
Without a contract, provincial family laws apply by default. These laws may not reflect what you and your partner believe is fair or what you would choose for yourselves.
3. To prevent future conflict
Setting clear expectations from the start can help avoid misunderstandings and reduce stress in the event of a separation. It can also save you thousands of dollars in legal fees by avoiding a contentious divorce.
4. To support financial transparency
Creating a prenup or marriage contract encourages honest conversations about money and helps both partners make informed decisions.
Can a Prenup or Marriage Contract Be Challenged in Canada?
Yes – but not easily.
A court may set aside a prenup or marriage contract if:
- There was no full financial disclosure
- One party was pressured or coerced into signing
- The terms are grossly unfair or unconscionable
- A party didn’t understand what they were signing
- There was no independent legal advice (though it’s not always required)
That’s why it’s essential to build your agreement thoughtfully and collaboratively – and get legal advice if possible.
At Jointly, we’ve designed a step-by-step platform that guides couples through this process, ensuring clarity, fairness, and transparency.
Are Marriage Contracts and Prenups Legally Binding in Canada?
Yes. A properly drafted prenup or marriage contract is legally binding under Canadian law.
So if you’re wondering, “Are prenups valid in Canada?” or “Are prenups legal in Canada?” — the answer is a clear yes.
To be enforceable, your agreement must:
- Be in writing
- Be signed by both parties
- Be witnessed
- Include full financial disclosure
- Be made voluntarily, without pressure or manipulation
Courts give significant weight to these contracts – especially when both parties had the opportunity to get independent legal advice.
Choose the Right Agreement for Your Relationship
So marriage contract vs prenuptial agreement: which one is right for you?
If you’re getting married soon, a prenuptial agreement (aka marriage contract signed before the wedding) may be ideal.
If you’re already married, a marriage contract is the path forward.
And if you’re in a common-law relationship? Consider a cohabitation agreement – and know that it can continue to apply if you later decide to marry.
Whatever stage you’re at, creating a legal agreement is a powerful way to protect your future and strengthen your relationship.
FAQs
Are prenups legal in Canada?
Yes. Prenuptial agreements (also called marriage contracts) are legal and enforceable in Canada as long as they meet basic legal requirements.
Can I write my own prenup in Canada?
Technically yes – you can draft one yourself. But to be legally enforceable, it must:
- Be in writing and signed by both parties
- Be witnessed
- Include full financial disclosure
- Be voluntary and fair
To reduce the risk of your agreement being challenged, many couples choose to use Jointly’s platform that guides you through the legal and practical considerations and helps you make a valid agreement.
What happens without a prenup?
If you don’t have a prenup or marriage contract, provincial family laws will apply by default. These laws may:
- Automatically divide property acquired during marriage
- Require spousal support
- Ignore contributions you made before the relationship
In short: you already have a prenup – it’s just the one the province wrote for you. A marriage contract lets you take control of what those terms actually say.
Final Thoughts
Whether you call it a marriage contract or a prenup, one thing is clear: these agreements are about empowerment, not pessimism.
They help couples make thoughtful, informed decisions about their finances and future—together.
At Jointly, we’ve taken the traditional, expensive prenup process and made it accessible, collaborative, and clear.
Learn about your rights with a short, plain-language course
Build your agreement online for just $379
Visit getjointly.ca to start building your prenup or marriage contract today.
- Grounds To Challenge A Prenuptial Agreement in Canada - June 2, 2025
- Marriage Contract Vs Prenuptial Agreement - May 30, 2025
- What Is A Marriage Contract? - May 29, 2025
