How Do I Get a Prenup Drafted and Signed Properly in Ontario While Engaged?
Yes. The Family Law Act lets two people who intend to marry make a marriage contract, so being engaged is a perfectly good time to do it. 'Prenup' is an informal name that the Act does not use. The contract can deal with property, support and other matters in the settlement of your affairs.
To be enforceable, it must be in writing, signed by both of you and witnessed. Ontario's guidance says the witness must also sign. A lawyer is not one of those formal requirements, but the government still advises that each partner speak to a different lawyer and that you exchange financial information before signing. The contract cannot decide parenting time or decision-making responsibility.
Timing matters in practice. Plan the steps in order: each of you chooses a different lawyer, you exchange financial information, you negotiate the terms, and you sign with a witness. A court can set a contract aside if a party failed to disclose significant assets or debts or did not understand it, or otherwise under the law of contract, which is where pressure to sign is argued. How long this takes depends on your situation, so start well before the wedding.
Key takeaways
- Two people who intend to marry may make a marriage contract, and people who are already married may make one too.
- A domestic contract is unenforceable unless it is in writing, signed by the parties and witnessed.
- Ontario's government advises each partner to speak to a different lawyer and to exchange financial information before signing.
- A marriage contract cannot say who has decision-making responsibility or parenting time.