Contactez un avocat
DC Logo F-no-tagline
DC Logo F-no-tagline

Is it possible to draft an agreement that works like a pre-nup?

Fill out the form below to receive a no-obligation consultation

  • This field is for validation purposes and should be left unchanged.

Anonymous Asked:

Is it possible to draft an agreement that works like a pre-nup, after you are married? If a married couple sign an agreement on their own regarding property division (in case of a divorce), will it hold up in court? Will it be legally binding?

Expert Comment:

Notify of
1 Comment
Newest Most Voted
Inline Feedbacks
View all comments
Stuart Zukerman
5 years ago

A: Yes most prenuptial and or Cohabitation Agreements contain a clause providing that they continue in full force and effect upon and after marriage and are thereafter to be viewed as a Marriage Agreement under the Family Law Act.

Yes Cohabitation Agreements, Prenuptial Agreement and Marriage Agreements are recognized under the Family Law Act and are generally binding on the parties and the court but are subject to a wide variety of Common Law challenges that apply to all contracts (such as claims of Fraud, Duress, Unconscionability, non est Factum, Mistake, Lack of Consensus Ad Item, Negligent Misrepresentation, Undue Influence, lack of or impaired Mental Capacity, the tort of Deceit, etc) and are subject to considerations under Division 4 of the Family Law Act such as: the presence or lack of Independent Legal Advice, failure to make Full & Frank Financial Disclosure, Substantial Unfairness, A spouse taking improper advantage of the other spouse’s vulnerability, ignorance need or distress, a spouse did not understand the nature or consequences of the agreement, etc

Latest Questions Asked:

DC Icon

Mutual divorce

What is the process & conditions of mutual divorce in Toronto & how much time it takes ?

DC Icon

Stock calculation during a divorce

Hi there, I have a question about calculation of stocks during separation. for example prior to marriage I had 100 shares of company X with a value of $1000 ($10 per share). At time of separation I have 200 shares of stock X worth $8000 ($40 per share ...

DC Icon

Can I divorce my spouse who lives in another country

My partner and I are amicable in getting a divorce, nothing to negotiate, she resides in another country and is not planning to return to Ontario. I'm wondering if there is a possibility to file forms online, or must I send the paperwork overseas and h ...

DC Icon

Forcing my spouse back to work when we separate

My wife has been stay at home mom for over 9 years of a 17 year marriage. I've wanted her to go back to work but she has found every reason not to go back. We are nearing separation and my income alone won't support 3 kids and 2 homes. We go into debt ...

DC Icon

I got married in Toronto and divorced in Mexico City. Do I have to register my divorce in Toronto?

I got married in Toronto to my Mexican ex-husband and we divorced in Mexico City in 2009. From what I understood from the divorce proceeding, the judge ordered the court to inform the Ministry of Foreign Affairs to notify the Canadian authorities of my ...

DC Icon


How is the remaining contribution room of a child's RESP shared (assuming an RESP is started but contributions are less than the maximum $50k per beneficiary) if no stipulation was made in the separation agreement? (Note: also assuming each parent cont ...

See All Questions
Would love your thoughts, please comment.x