Prenuptial agreements are legally binding and enforceable in Ontario when properly executed

In Ontario, courts generally respect and enforce prenuptial agreements (also called marriage contracts) during asset division, provided they meet specific legal requirements. These agreements serve as legally binding contracts that outline how property and assets will be divided if the marriage ends.

For a prenuptial agreement to be valid in Ontario, it must meet the following criteria:

• Both parties must provide full financial disclosure
• The agreement must be signed voluntarily without duress
• Both parties must receive independent legal advice
• The terms must be fair and reasonable at the time of enforcement
• The agreement must be properly executed in writing with witnesses

It’s essential to work with a qualified family law lawyer to ensure your prenuptial agreement complies with Ontario’s Family Law Act and will be upheld during property division proceedings.