Signing a Prenup Days Before the Wedding in Ontario

A prenup placed in front of you a few days before the wedding can feel like a choice between signing and upsetting everyone. Invitations are out, deposits are paid and the pressure is real. Many people ask whether signing late, or signing under pressure, makes the contract invalid.

This article explains what Ontario law says about timing and pressure, what it leaves to the facts of each case, and practical steps you can take. A prenup is formally called a marriage contract, and the Family Law Act does not use the word prenup.

What Ontario law says about timing

The Family Law Act does not set a minimum number of days between receiving a marriage contract and signing it. Timing and pressure are not dealt with by name. Instead, they are argued under the general ground that a court may set a contract aside otherwise in accordance with the law of contract.

That is the statutory route for arguments such as duress or pressure to sign. Whether pressure or a short timeline is enough to matter depends on the circumstances. How a short timeline is weighed depends on the facts of your situation, so it is worth confirming with a lawyer.

Formal rules that apply however late you sign

A domestic contract is unenforceable unless it is in writing, signed by the parties and witnessed. Ontario's government guidance says both spouses sign in front of a witness, and the witness also signs. Once it is signed, the couple must follow it. This is why a rushed signature is worth taking seriously: you may be held to it.

A lawyer is not one of the formal requirements. Even so, Ontario's government advises that each partner speak to a different lawyer and that the partners exchange financial information before signing.

The grounds a court can use if you signed under pressure

On application, a court may set aside a domestic contract, or a provision in it, on three grounds.

• A party failed to disclose significant assets, or significant debts or other liabilities, existing when the contract was made.
• A party did not understand the nature or consequences of the contract.
• Otherwise in accordance with the law of contract, which is where duress or pressure is argued.

Timing is not named in any of these grounds. Whether a short signing window affects any of them depends on the facts and the evidence, so it is worth confirming with a lawyer. A clause saying you cannot challenge the contract does not remove the court's power, because these grounds apply despite any agreement to the contrary.

Some terms are reviewable regardless of timing. A court may set aside a support waiver that results in unconscionable circumstances. A court may also disregard terms about a child's education, moral training, decision-making responsibility or parenting time if that is in the child's best interests. Child support terms are tested differently: a court may disregard them if they are unreasonable having regard to the child support guidelines.

Options if you feel rushed

Two people who intend to marry may make a marriage contract, and people who are already married may make one too. So it is reasonable to ask for more time, or to propose finishing the contract after the wedding.

• Ask in writing for the draft and for the other person's financial information.
• Ask for a reasonable period to review it with your own lawyer.
• Say plainly which terms you do not understand and ask for them to be explained or changed.
• Keep copies of messages about deadlines, requests and responses.

A written record of how the contract came about can be useful later if its validity is ever questioned. Whether a term is fair or enforceable depends on the whole picture, so a lawyer's review is worth it.

What to do next

If you have not signed yet, get the full draft, ask questions, and arrange to speak with a lawyer of your own before you decide. If you have already signed and now have concerns, do not assume the contract is beyond challenge. Gather the facts and have a lawyer assess them.

• The draft and the signed copy, with the witness page
• The dates you first saw the draft and when you signed
• Messages or emails showing any pressure or deadlines
• Whatever financial information the other person gave you
• A list of your assets and debts when you signed, and theirs as far as you know

Frequently asked questions