What a Prenup Can and Cannot Cover in Ontario

When couples in Ontario think about getting married, the word “prenup” can feel uncomfortable — even unromantic. But a prenuptial agreement (also known as a marriage contract) isn’t about mistrust. It’s about clarity, protection, and peace of mind for both partners.  Under Ontario’s Family Law Act, spouses or soon-to-be spouses can create a marriage contract that sets out their rights and obligations during the marriage and in the event of separation. This kind of agreement can make future transitions less stressful and more predictable. 

What a Prenup Can Cover 

A prenuptial agreement in Ontario can deal with a range of financial and property matters, including: 

• Ownership or division of property — for example, protecting assets owned before marriage, safeguarding an anticipated inheritance, or setting aside property for children from a previous relationship. 

• Spousal support obligations — outlining whether support will be paid, and if so, the amount and duration. 

Many couples choose to sign a prenup to protect pre-acquired property, preserve family inheritances, and ensure children’s interests are clearly defined from the start. A prenup’s terms must still be fair and enforceable under Ontario law. Learn more in our post on What Makes a Prenup “Fair” and Enforceable.

What a Prenup Cannot Cover

Even though prenups provide flexibility, there are important legal limits.  A marriage contract cannot: 

• Restrict a spouse’s right to possession of the matrimonial home. 

• Decide decision-making responsibility (previously known as custody) or parenting arrangements for children after separation. 

These issues are governed by Ontario law and must reflect the best interests of the child.  Thinking about a prenup? We help couples create clear, balanced agreements that protect both parties as they embark on an exciting new chapter.