In Canada, a marriage contract is a legal agreement that outlines how a couple will handle financial and legal matters during their relationship and in the event of a breakup or death. These agreements are not just for the wealthy – they offer clarity around goals and expectations, reduce future conflict both during the relationship and if it ends, and give both partners a sense of security as you build your life together.
Whether you’re already married, planning a wedding, or living together in a committed relationship, understanding what a marriage contract is and how to make one that fits your family can help you protect your rights and plan your future with confidence.
What Are The Different Types Of Marriage Contracts?
There are three main types of marriage contracts in Canada – prenups, postnups, and cohabitation agreements. The subject matter of each of these agreements is very similar. The key difference between them is whether or not you plan to get married, are already married, or are living together in a common-law relationship. We’ve set out some key information on each of these types of agreements below.
Prenuptial Agreement
A prenuptial agreement (or “prenup”) is signed before marriage. In the best case scenario, the conversation about your prenup and what it should include will start well in advance of the wedding, with the agreement being finalized a few months before the wedding date.
A prenup outlines how assets, debts, and spousal support will be handled during the relationship and if the relationship ends. While the stereotype around prenups used to be that prenups are only for the super wealthy, the conversation is shifting – and rightfully so! Prenups are increasingly popular among Canadians of all income levels who want to reduce legal uncertainty and build equitable and transparent relationships together. Here’s what you can include in your prenup.
What can a prenup cover?
- Division of property
- Inheritance rights
- Spousal support (amount and duration)
- Business ownership protection
- Debt allocation
- Financial responsibilities during the marriage
Prenuptial agreements must be fair and executed properly to be legally binding. We’ll cover that in more detail below.
Postnuptial Agreement
A postnuptial agreement is signed after a couple is legally married. A postnup can include all of the same details as a prenup – your marital status is really the key difference between the two.
Couples sign postnups when they didn’t think of or have time to get a prenup before their wedding. Posnups are also used when circumstances change during the marriage — for example, one partner inherits property or starts a business. It makes sense to update your prenup or make a postnup as your life changes. This helps ensure that both partners are still on the same page and that their agreement is still fair and appropriate for your circumstances.
Why choose a postnup?
- Update a previous agreement
- Reflect financial changes
- Prevent future disputes
- Reaffirm shared values and intentions
Postnuptial agreements are less well known in Canada than prenups or cohabitation agreements, but still a powerful legal tool that can be useful for many couples.
Cohabitation Agreement
A cohabitation agreement is for couples who live together without being married. This is especially important because the laws governing the rights of common law couples vary from province to province. This means that in some provinces, couples living together for a certain amount of time may have similar rights and responsibilities as married spouses while in other provinces, they have significantly less protection when it comes to things like spousal support and property division.
A cohabitation agreement includes all of the same subjects as a prenup or postnup, such as:
- Property division
- Support obligations
- Financial expectations during the relationship
- Etc.
If you’re in a common-law relationship, this agreement can offer protection equivalent to that of a prenup or postnup. You can also include a term in your cohabitation agreement that it continues to apply if you later get married.
Who Should Consider a Marriage Contract?
Anyone in a committed relationship — married or not — can benefit from a marriage contract, especially if:
- One or both partners have significant assets or debts
- One partner owns a business or expects a major inheritance
- There are children from a previous relationship
- You want to avoid court battles in case of separation
Even if you’re not wealthy, you have something worth protecting: your peace of mind. Contrary to the old stereotypes, making a prenup, postnup or cohabitation agreement can actually bring you closer as a couple by guiding you through conversations about your goals and expectations for the future, and how to honor each other’s contributions to your family, financial or otherwise.
What Can a Marriage Contract Cover?
One of the most common questions is, “What can a prenup cover?” But this applies to all three types of marriage contracts. Here’s what you can include:
- Property ownership and division
- Spousal support: amount, duration, and conditions
- Debt management
- Inheritance and estate planning terms
- Provisions about pets
- Guidelines for resolving disputes (e.g., mediation)
However, marriage contracts cannot:
- Decide child custody or access arrangements
- Limit child support rights
- Override statutory family law protections (such as in cases of duress)
Note on Child Support:
Child support cannot be included in a marriage contract because it is considered the right of the child – not the parents. Canadian courts prioritize the best interests of the child and have determined that the best time to assess what is in a child’s best interests is at the time of separation. Even if both partners agree, a judge likely will not uphold any agreement that attempts to waive or limit child support obligations.
What Makes A Marriage Contract Valid?
Not every agreement will hold up in court. Several legal requirements must be met in order for a marriage contract to be valid:
- It must be in writing – it’s hard to prove to a court that you made a verbal agreement if one partner later disagrees or denies it
- Both parties must sign it voluntarily – meaning there can be no pressure or duress
- Full financial disclosure is required – you must be completely honest with each other about the assets and properties you own and what the value is
- The terms must be reasonably fair (not “unconscionable”)
An agreement that’s signed under pressure, without proper understanding, or without full financial transparency may not be enforceable down the road.
How To Get A Marriage Contract In Canada
If you’re wondering how to get a marriage contract, here’s a step-by-step guide:
- Have a Conversation
Talk openly with your partner about why you want to make an agreement and what you hope it will accomplish. Refer them to our learning centre so they can find out for themselves why these agreements can benefit both partners and help make your relationship stronger. - Gather Financial Information
Each person must disclose all assets, debts, and income sources. We have built a financial disclosure worksheet that’s available for free to help you get started! - Draft the Agreement
You can start building your agreement today with Jointly by clicking sign up at the top of this page. Check out our screening questionnaire to find out if Jointly is a fit for you. - Seek Independent Legal Advice
While not legally required in most provinces, it can be very valuable for each partner to review the agreement with their own lawyer. - Sign Your Agreement
Both parties must sign the agreement voluntarily. Then, save it in a safe place so you can refer back to it when you need to.
Jointly is making it easier and more affordable than ever to get a reliable, legally sound marriage agreement in Canada.
How Much Is A Marriage Contract In Canada?
How much is a marriage contract in Canada? The answer depends on the complexity and how you get it done.
| Marriage Contract Options | Estimated Price Range |
| Jointly | $379 |
| Other online prenup services | $50 (fillable form) – $1,500 |
| Lawyer-drafted prenup | $1,500–$5,000+ |
| Legal consultation fees | $250–$600 per hour |
| Complex financial provisions | $3,000–$10,000+ |
If you’re on a budget but still want a valid and enforceable agreement, Jointly offers a middle ground – a reliable agreement that is customizable to fit the circumstances of most Canadian couples.
Can You Change Your Marriage Contract?
Yes — you can change your marriage contract if both parties agree. You might want to update it if:
- Your financial situation changes
- You have children
- One of you receives a major inheritance
- You move to a different province with different laws
Any amendments must meet the same requirements as the original: in writing, signed, and ideally, reviewed by independent lawyers. It’s a good idea to revisit your marriage contract whenever you have a major life change that wasn’t contemplated when you made your original agreement, or every few years just to confirm that you’re still on the same page.
Do Marriage Contracts Differ by Province?
Marriage contracts are similar province to province, though there are some minor differences in family law across the country. That’s why it’s important to select your province of residence when you sign up for Jointly. We’ll take you through the law in your province and help you build a contract that works for where you live.
Final Thoughts
So, what is a marriage contract in Canada? It’s your roadmap – a proactive legal tool that protects both partners and helps prevent future disputes. Whether you’re preparing for marriage, already married, or living together, a prenuptial agreement, postnuptial agreement, or cohabitation agreement can offer peace of mind and legal clarity.
Marriage contracts are no longer just for the ultra-wealthy. They’re for couples who want to make thoughtful, respectful, and informed decisions about their future.
Get started with Jointly today! We make marriage contracts that are easy to build, easy to read and easy to feel good about – together.
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