A fair prenup is about clarity, disclosure, and balance. Learn how to protect your interests and ensure your marriage contract is enforceable in Ontario.
Not all prenups are created equal. In Ontario, a marriage contract must be fair and enforceable. Courts examine both how the agreement was made and what it says to determine fairness. If you’re still unsure what a prenup can and can’t cover, start with our earlier post on What a Prenup Can and Cannot Cover in Ontario.
What Makes a Prenup “Fair”?
A marriage contract (or any part of it) may be set aside if:
- One party failed to disclose significant assets or debts.
- One party did not understand the nature or consequences of the agreement.
- It was signed under duress, undue influence, or other unfair circumstances.
The test for fairness focuses on whether the agreement falls outside the range of what is objectively fair, not simply whether the terms are unequal.
Full financial disclosure and independent legal advice are essential to ensure that both partners understand and voluntarily accept the terms.
Protecting Your Interests Before You Say “I Do”
A well-drafted prenup can prevent conflict and provide both partners with financial security. Couples can also include arbitration or out-of-court dispute resolution options to handle future disagreements privately and efficiently.
Because every couple’s circumstances are unique, it’s important to get independent legal advice before signing a marriage contract. A family lawyer can help ensure the agreement is clear, comprehensive, and enforceable — and that it truly reflects your intentions.
Prepare a fair and enforceable prenup
Our office helps couples ensure their marriage contracts protect both parties and reflect their intentions.