Here is something we hear almost every week on consult calls: “We probably don’t need a prenup. We’re not rich.” After more than 2,000 conversations with engaged and married couples, and over 600 clients who went on to sign agreements with us, we can tell you the data says otherwise. Prenuptial agreements have quietly become a normal part of getting married in Ontario, and the couples signing them look a lot more like your neighbours than a reality TV cast.
What 2,000+ conversations with couples taught us
Our firm tracks why couples reach out about a prenuptial agreement and what they ultimately sign. Three trends stand out.
1. Nearly half of our 2025 couples chose a prenup
Among the couples who married in 2025 after working with us, approximately 45% signed a prenuptial agreement before the wedding. Gen Z and millennial couples are driving that number. They tend to marry later, arrive with their own condos, businesses, investments, and debts, and see a prenup as financial planning rather than a vote against the marriage.
2. Already married? 17% of our clients signed after the wedding
About 17% of our agreement clients are what most people call a postnup. Under section 52(1) of Ontario’s Family Law Act, a marriage contract can be made by two people who “are married to each other or intend to marry.” In other words, the same agreement is available before or after the wedding day. If you skipped the conversation while planning the wedding, a postnuptial agreement gets you to the same place.
3. It is not only about divorce
This surprises almost everyone. The everyday Canadians we work with are using prenups to organize their financial lives as a whole, not just to plan for a breakdown of the marriage. Section 52(1) of the Family Law Act allows a marriage contract to set out rights and obligations “under the marriage or on separation, on the annulment or dissolution of the marriage or on death,” including ownership and division of property and support obligations. In practice, our clients use them to:
- Coordinate with their estate plan, so property passes the way they intend on death and works alongside their will and estate planning;
- Reduce tax friction, by agreeing in advance how businesses, investment properties, and family gifts will be treated;
- Plan for illness or disability, by settling support obligations and financial responsibilities if one spouse can no longer earn;
- Keep a breakdown civil, so a separation looks like following a plan instead of a fight, often avoiding the cost of litigating a separation agreement from scratch.
Prenuptial agreements
Don’t just plan the wedding. Plan the marriage.
A prenup isn’t planning for failure. It’s the two of you writing your own rules, together. Flat-fee, virtual, and easier than picking the venue.
What a prenup actually is in Ontario
Ontario law does not use the word prenup. The Family Law Act calls it a marriage contract. Common-law couples have a parallel tool, the cohabitation agreement under section 53, which is automatically deemed a marriage contract if you later marry. We covered that angle in our post on prenups for common-law relationships.
One important limit: section 52(2) of the Act makes any provision that tries to limit a spouse’s rights in the matrimonial home unenforceable. A well-drafted agreement works around that boundary honestly instead of pretending it does not exist.
What makes an agreement stand up
A prenup is only worth signing if it survives scrutiny. Under section 55(1), a domestic contract must be in writing, signed by the parties, and witnessed. Under section 56(4), a court can set aside a contract where a party failed to disclose significant assets or debts, did not understand the nature or consequences of the agreement, or on ordinary contract grounds. You can read the case law on how courts apply this at CanLII.
That is why we insist on full financial disclosure and independent legal advice for both partners. Public legal education resources like Steps to Justice give the same warning: a rushed agreement signed without disclosure is the kind courts set aside.
Myths, sorted
- “Prenups are for the ultra wealthy.” Our data says no. Most of our clients are everyday professionals, small business owners, and couples entering a second marriage. Price is usually the real worry, so we published the real cost of a prenup in Ontario in full.
- “Asking for one means you expect divorce.” A marriage contract also governs what happens on death and during the marriage. Nearly half of our 2025 couples saw it as planning, not pessimism.
- “It’s too late, we’re already married.” Section 52(1) says otherwise, and 17% of our clients prove it.
- “A prenup can decide everything.” No. It cannot limit matrimonial home rights (section 52(2)), and it cannot fix decision-making responsibility or parenting time for children.
Frequently Asked Questions
Are prenuptial agreements only for wealthy people?
No. In our firm’s data from over 2,000 conversations with couples, most people signing a prenuptial agreement are everyday professionals, small business owners, and second-marriage couples. Approximately 45% of the couples we worked with who married in 2025 signed one.
Can we sign a prenup after we are already married?
Yes. Section 52(1) of Ontario’s Family Law Act lets two people who are married to each other or intend to marry enter a marriage contract. About 17% of our clients sign a postnuptial agreement after the wedding, and it works the same way.
What makes a prenup enforceable in Ontario?
Under section 55(1) of the Family Law Act it must be in writing, signed by both parties, and witnessed. Under section 56(4) a court can set it aside for non-disclosure of significant assets or debts or where a party did not understand it, so full disclosure and independent legal advice matter.
Does a prenup only apply if we divorce?
No. Section 52(1) allows a marriage contract to deal with rights under the marriage, on separation, and on death. Many of our clients use one to coordinate their estate plan, manage tax treatment of property, and settle support obligations in case of illness or disability. See our guide on getting married in Ontario for how it fits the bigger picture.
Thinking about a prenup, or wondering if a postnup makes sense now that you are married? Take a look at how we handle family law matters, browse our FAQ and client testimonials, then book a free consult call. Prefer email? Reach us any time through our contact page.
This article is general information, not legal advice.
