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.
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:
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.
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:
Legally speaking, a prenuptial agreement and a marriage contract cover the same topics – but there are a few important distinctions.
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.
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.
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.
You and your partner can use a prenup or marriage contract to decide:
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.
If you own a home, a business, or expect an inheritance, a prenup or marriage contract can protect your interests.
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.
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.
Creating a prenup or marriage contract encourages honest conversations about money and helps both partners make informed decisions.
Yes – but not easily.
A court may set aside a prenup or marriage contract if:
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.
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:
Courts give significant weight to these contracts – especially when both parties had the opportunity to get independent legal advice.
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.
Yes. Prenuptial agreements (also called marriage contracts) are legal and enforceable in Canada as long as they meet basic legal requirements.
Technically yes – you can draft one yourself. But to be legally enforceable, it must:
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.
If you don’t have a prenup or marriage contract, provincial family laws will apply by default. These laws may:
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.
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 $429
Visit getjointly.ca to start building your prenup or marriage contract 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)