Marriage Contract (Prenuptial Agreement)
A template marriage contract for couples wishing to define financial rights and obligations before or after marriage.
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A marriage contract — commonly called a prenuptial agreement — is a written agreement made by two people before or after marriage that defines their respective property rights and financial obligations, both during the marriage and in the event of separation, divorce, or death. In Canada, marriage contracts are governed by provincial family law legislation and are enforceable if properly executed.
What it can cover
A marriage contract can address: the division of property and debts on separation; the treatment of inheritances or gifts received during the marriage; spousal support entitlements; ownership of a family business; and financial arrangements for children from a prior relationship. It cannot limit child support obligations or predetermine child custody.
Making it enforceable
For a marriage contract to stand up in court, both parties must fully disclose their financial circumstances, enter the agreement voluntarily without duress, and ideally receive independent legal advice before signing. Agreements signed close to the wedding date or without disclosure have been successfully challenged.