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A Prenuptial Agreement, commonly called a prenup, is a domestic contract that spouses create before getting legally married. You cannot create a prenup after getting married.

This document sets out each partner’s financial responsibilities when they separate, divorce, or one dies. It also clarifies what’s shared or separate property. 

A prenup is crucial when a spouse believes they’ve worked hard to earn wealth before meeting their partner, and they want the division of property to be fair if the relationship ends. 

Customise LawDepot’s Prenuptial Agreement template to write a document that suits your needs. Spend less time with a lawyer and save money by simply bringing your draft to them for review. 

A Prenuptial Agreement is also known as a/an:

• Premarital Agreement
• Antenuptial Agreement
• Marriage Contract

A prenup initiates an honest conversation about the legal status of marriage and the risk of an unpredictable future. 

Marriage is a commitment that changes a person’s legal rights and responsibilities. It’s useful to document your wishes to avoid any conflict or confusion if the marriage ends. This is especially important if you have:

• Children from a previous relationship
• Sizeable personal assets or debts
• Investments in a business

Without a Prenuptial Agreement (or a Separation Agreement), courts divide marital property according to provincial and federal laws. A prenup helps protect the standard of living each spouse had before entering the relationship.

LawDepot’s Prenuptial Agreement template covers the following information:

1. Party details

Include the full names and home addresses of each spouse entering into the agreement. 

2. Separate and shared assets

Each spouse may specify the assets that they’ll retain ownership of in the event of a breakup. Any such asset is known as separate property. 

Any assets that you list as shared property in your prenup will be divided equally in the event of a breakup (unless the spouses agree otherwise).

In most cases, the spouse with ownership rights keeps their assets if the relationship ends. However, provincial laws may give spouses rights to certain assets (e.g., the matrimonial home) regardless of who’s on the property title. 

For example, say you identify a sports car as a separate asset and the car increases in value during the years you’re married. 

Without a prenup to address this appreciation, a court may rule that your spouse is entitled to half of that value. This may be the case if they contributed during your relationship by paying for replacement parts and maintenance.

3. Separate and joint debt

If one spouse accumulated debt before the relationship, they can claim sole responsibility for repaying this debt in the prenup. 

If you have joint debt, you can specify how much each spouse is responsible for in the event of a breakup. Typically, joint debts are split evenly between partners. However, you can use a prenup to allocate more or less debt to one partner over the other. 

4. Children

If you have them, you must state the names of all your children in your document. This is because children can have rights (such as the right to inheritance) that impact how courts enforce your prenup in the future. 

A prenup cannot include terms regarding child custody, child visitation, or child support for existing or future children. If you separate, a court will decide these issues based on the best interests of the child(ren).

5. Spousal support

Addressing spousal support (also called alimony or spousal maintenance) in your Prenuptial Agreement is optional. If you don’t specify anything, courts will determine payments according to provincial and federal laws. They’ll also consider the varying circumstances at the time of the divorce. 

If needed, take into account the following factors when determining support payments:

• Which spouse will pay support to the other
• The specific amount to be paid
• The frequency of payments (e.g., weekly or monthly)
• The payment method (e.g., e-transfers)
• Any conditions on the support payments (e.g., a spouse is entitled to support payments if the marriage lasts for at least five years; support payments may end if there is a change in income)

6. Inheritance rights

Once married, your spouse typically becomes entitled to half of your estate. However, you can use a prenup to limit their inheritance rights.

For instance, you might believe restricting your spouse’s inheritance won’t affect their financial security even if they separate or survive you. Or, you may wish to distribute a certain amount to another party, such as your children, extended family, or a charity. 

In any case, a prenup is a useful estate planning tool because courts typically uphold them—especially if the terms are consistent with the deceased’s Last Will and Testament.

While a Prenuptial Agreement isn’t legally binding, the courts are likely to give it considerable weight when it’s drafted fairly and without fraud or duress. 

However, a court may rule that the contract (or a part of it) is void if one party can prove that the agreement is unfair or illegal.

For instance, a Prenuptial Agreement may be void or voidable if:

• There was a failure to disclose all assets
• There is evidence of fraud
• There is evidence of duress (i.e., an action that forces another person to comply with the agreement) or unfairness
• It was signed involuntarily
• It includes content that is illegal or against public policy
• It includes content that is perceived to promote divorce or separation

To avoid arguments over unfairness, duress, or fraud, each party in the Prenuptial Agreement must seek independent legal advice. Getting your contract reviewed by a lawyer helps ensure its enforceability in the future.

Although you don’t need to notarize your document, each spouse must get a certificate of acknowledgment from their attorney to prove that they sought independent advice.

LawDepot’s Prenuptial Agreement template includes a space for attorneys to certify their role in the document’s execution. This also includes acknowledging any legislative acts that may apply in your jurisdiction. 

Related documents

• Last Will & Testament: Marriage is a significant life event that impacts the distribution of your estate when you die. Ensure your Last Will and Testament reflects your current situation.
• Cohabitation Agreement: In a serious relationship but don’t plan on getting married? Use this contract to establish rights and responsibilities that the law typically doesn’t grant to unmarried couples.
• Separation Agreement: You cannot create a prenup after marriage. Instead, use a Separation Agreement to address the division of property, debts, and other family responsibilities if your marriage dissolves.
• Postnuptial Agreement: This document serves a similar purpose as a prenup, but you can create it after getting married.

Sample

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