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Prenuptial Agreement Lawyers in Ontario

Protect your future with a legally sound prenuptial agreement drafted by experienced Ontario family lawyers.

Deepa Tailor

Legal Review by Deepa Tailor

Senior Family Lawyer

Deepa Tailor is the founder and Managing Director of Tailor Law, a trusted Ontario family and divorce law firm. Since 2014, she has helped clients navigate separation, custody, support, and property division with clarity and compassion.

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Too Busy to Read? The 30-Second Answer

What It Is: A prenuptial agreement (marriage contract in Ontario) protects your assets and clarifies financial expectations before marriage.
Not Just for the Rich: Anyone with assets, a business, or children from a previous relationship should consider one.
The Key: Both parties need independent legal advice for the agreement to be enforceable.
Start Early: Begin 3-6 months before your wedding to avoid any appearance of pressure.

Prenup Myths vs. Reality

Common Myths

  • “Prenups are only for rich people”
  • “Asking for a prenup means you don’t trust your partner”
  • “Prenups are unromantic and guarantee divorce”
  • “You can include anything in a prenup”

The Reality

  • Anyone with assets or a business should consider one
  • It’s a practical financial planning tool, like insurance
  • Open financial communication strengthens relationships
  • Child custody and support cannot be included

What Can (and Can’t) Be Included

Can Include

  • Division of property acquired before and during marriage
  • Spousal support amounts, duration, or waivers
  • How the matrimonial home will be treated
  • Business ownership and valuation methods
  • Inheritance rights and excluded property

Cannot Include

  • Child custody or access arrangements
  • Child support waivers or limitations
  • Terms that violate public policy
  • Provisions encouraging divorce
  • Unconscionable or illegal terms

Enforceability Requirements

For your prenup to hold up in court, it must meet these requirements:

Written & Signed

Must be in writing and signed by both parties with proper witnesses.

Full Financial Disclosure

Both parties must provide complete and accurate financial information.

Independent Legal Advice

Each party must have their own lawyer explain the agreement.

No Duress or Coercion

Both parties must sign voluntarily, well in advance of the wedding.

Who Needs a Marriage Contract?

Marriage contracts aren’t just for the wealthy—they’re practical tools for anyone who wants financial clarity.

Business Owners

Protect your company from being divided as marital property. Keep your business separate and establish valuation methods.

Expecting Inheritance

Ensure future inheritances remain your separate property and aren’t subject to division if the marriage ends.

Second Marriages

Protect children from previous relationships and ensure assets pass to your intended beneficiaries.

Significant Assets

If you’re entering marriage with substantial savings, investments, or property, protect what you’ve built.

Professionals

Doctors, lawyers, and other professionals with valuable practices or licenses need protection for their career assets.

High Earners

If you earn significantly more than your partner, establish clear expectations about spousal support.

Our Drafting Process

1. Initial Consultation

We discuss your goals, assets, concerns, and what you want to protect.

2. Financial Disclosure

Both parties provide complete financial information—essential for enforceability.

3. Custom Drafting

We create a tailored agreement based on your unique circumstances.

4. Review & Negotiation

Your partner’s lawyer reviews and we negotiate any necessary changes.

5. Execution

Both parties sign with proper legal formalities and ILA certificates.

Frequently Asked Questions

When should we start the prenuptial agreement process?

Ideally 3-6 months before your wedding. This provides adequate time for drafting, review, negotiation, and ensures neither party feels pressured.

Will a prenup protect my business?

Yes, a properly drafted prenup can exclude your business from property division and establish valuation methods if needed.

Can we update our prenup after marriage?

Yes, but it becomes a postnuptial agreement. Both parties must agree to changes in writing and receive independent legal advice.

What if my partner refuses to sign?

You cannot force someone to sign. However, you can choose not to marry without one. Open communication is essential.

How much does a prenuptial agreement cost?

Fees typically range from $2,500 to $7,500 depending on complexity, assets involved, and negotiation required.

Can we use one lawyer to draft the contract?

One lawyer can draft the initial agreement, but your partner must have independent legal advice from a separate lawyer before signing.

Can we include provisions about our children?

No. Marriage contracts cannot include terms about child custody, access, or child support. These matters are determined based on the best interests of the child.

Related Resources

Marriage Contract Drafting

Custom contracts for your needs

Marriage Contract Review

Independent legal advice

Property Division

Ontario property law explained

Protect Your Future with a Prenuptial Agreement

Get expert legal guidance from experienced Ontario family lawyers.

Deepa Tailor

Written by

Deepa Tailor

Senior Family Lawyer & Managing Director, Tailor Law

View Profile →