No, child support obligations cannot be waived or avoided through a prenuptial agreement in Canada

Under Canadian family law, child support is considered a fundamental right of the child, not the parents. A prenuptial agreement cannot override this legal obligation, as the courts prioritize the best interests of the child above any private contracts between parents.

Here’s why child support cannot be contracted away:

  • Child support is a legal right belonging to the child, not the parents
  • The Courts have final authority to determine child support amounts based on federal guidelines
  • Any provisions attempting to waive child support in a prenup will be deemed void and unenforceable
  • Child support calculations must follow the Federal Child Support Guidelines
  • Parents cannot contract out of their legal obligation to financially support their children