A prenuptial agreement is legally binding in Canada when properly executed and meets all legal requirements.
A prenuptial agreement (also called a marriage contract or prenup) becomes legally enforceable when it satisfies specific legal criteria. To ensure validity, the agreement must:
- Be in writing and properly signed by both parties
- Include full financial disclosure from both partners
- Be signed with independent legal counsel for each party
- Be free from coercion, fraud, or undue influence
- Be signed well in advance of the wedding date
- Contain reasonable and legal terms
However, courts may still review and potentially overturn prenuptial agreements if they’re deemed unconscionable or if circumstances have changed significantly. It’s essential to work with qualified family law professionals to create a robust agreement that protects both parties’ interests.