Prenuptial Agreements

In Ontario, we refer to "prenuptial agreements" as "Marriage Contracts" or "Cohabitation Agreements".  We can assist with writing your agreement, or can provide you with independent legal advice on an agreement another lawyer drafted.

We can draft contracts and provide you with independent legal advice.  We will help you understand your rights and obligations, and customize your agreement to work for you.  The law says what will happen if you separate, but you might not like it, or might want more certainty.  That’s where a contract comes in.

Why would I want a prenup?

They allow you to plan for your future, and helps protect you and your partner from potential risk. They are an integral part of any financial plan.

  • Protect your assets – A home, your business, a pension or other significant assets

  • Protect your interest in your home – You might be investing more into the purchase of a jointly held home than your spouse. Without an agreement, you may not be entitled to any credit for your larger investment.

  • Protect your estate plan – This is especially important if you are getting re-married and you have obligations to your former spouse or children from a previous relationship.

  • Have some certainty if you are not getting married – The laws regarding property division are different when you have lived together than when you are married, and they are evolving. An agreement provides some certainty.

  • To protect your income – You may want to include a spousal support waiver so you know that you will not have to pay support, or you might want one spouse to be provided for.

What’s Involved?

Financial Disclosure

You and your spouse will provide our office with information regarding your income, assets, and debts. It allows both parties to make an informed decision.

Negotiating and Drafting Agreement

Your lawyer will advise you on the options available and the best way to meet your goals for the agreement. They will draft a customized agreement and review it with you. It is then sent to your spouse to review.

Reviewing and Signing Agreement

If your spouse wishes to, they can review the draft with their own lawyer in a process called “independent legal advice”. Some changes may be negotiated at this stage. The Agreement is then finalized and signed.

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There’s no retainer, pressure, or obligation.