PRENUPTIAL AGREEMENT
Important jurisdiction and legal advice warning
This is a fictional worked example for discussion only, not legal advice and not a universally valid agreement. It is written for two people planning to marry in Ontario, Canada. The law of the place of marriage, residence, property location and any later separation may affect enforceability. Each person should obtain independent advice, make complete financial disclosure, sign voluntarily well before the wedding, and confirm witnessing, translation, execution and registration requirements with an Ontario family lawyer. Mandatory rights concerning children, support, matrimonial homes and public policy cannot be removed simply by copying this text.
1. Parties and marriage
Maya Elise Chen, a software product manager of 77 Alder Lane, Kingston, Ontario K7L 3R2, and Thomas Gabriel Reed, an architect of 14 Willow Crescent, Kingston, Ontario K7M 6P1, intend to marry on 18 July 2027 at St. Mark's Hall in Kingston. They enter this Agreement on 12 January 2027 in contemplation of that marriage. If the marriage does not occur by 31 December 2028, either person may treat this Agreement as terminated by written notice, unless they later confirm it in writing.
2. Financial disclosure
Maya has disclosed a condominium at 218 Queen Street, Kingston, valued at CAD 486,000, a savings account containing CAD 92,400, a retirement account valued at CAD 138,700, and a student loan balance of CAD 18,250. Thomas has disclosed a house at 6 Maple Ridge Drive, Napanee, valued at CAD 612,000 with a mortgage balance of CAD 341,000, investments of CAD 74,600, and a vehicle loan balance of CAD 11,800. Each has delivered a dated asset-and-debt schedule to the other. They acknowledge that a material omission may allow a court to set aside or limit this Agreement.
3. Separate property
Property owned by either person before marriage, and any increase in its value, remains that person's separate property unless a later signed writing clearly changes that intention. Maya's condominium, savings, retirement account and student loan remain hers. Thomas's house, investments, vehicle and vehicle loan remain his. An inheritance, gift made to one person alone, personal injury award and property acquired with traceable proceeds of separate property will also remain separate, subject to mandatory law.
4. Property acquired during marriage
Property bought in both names will be owned in the stated proportions. If the document of title does not state proportions, they will share it equally unless they record another contribution agreement. Property acquired in one name with that person's separate funds will generally remain that person's property, but neither person intends to waive rights that mandatory Ontario law gives in a matrimonial home or to a spouse who has contributed money, care or labour. Household furniture purchased from their joint account will be shared equally.
5. Joint finances and expenses
Within thirty days after marriage, the parties intend to open a joint account at Harbour Coast Credit Union and deposit CAD 3,200 each month in total, Maya contributing CAD 1,800 and Thomas CAD 1,400. They will use it for ordinary household expenses, utilities, groceries, insurance and agreed travel. A payment toward one person's pre-marriage debt is not a gift unless they expressly record it as one. Each will keep clear records of transfers above CAD 1,000.
6. Debts and guarantees
Each person remains responsible for debts incurred before marriage and for debts incurred alone after marriage, including taxes, credit cards and business obligations. Neither may pledge the other's property or sign as guarantor without a separate written consent. Joint borrowing will be shared in the proportions stated in the loan documents. This arrangement does not prevent a creditor, government body or court from applying a rule that cannot lawfully be contracted out of.
7. Support and separation
If the parties separate, they will exchange current financial information and attempt private mediation before starting a contested proceeding, except where urgent safety or limitation concerns require immediate legal action. They may later make a written support agreement after receiving current advice. This Agreement records their present intention that each remain financially self-supporting, but it does not predetermine child support, require a waiver that law does not permit, or prevent a court from considering changed circumstances.
8. Children, insurance and estate planning
This Agreement does not decide parenting, guardianship or child support. Any decision about children must follow their best interests and mandatory law. Each person will review beneficiary designations, wills and life insurance after marriage. Maya presently intends to maintain life insurance of CAD 350,000 naming Thomas as beneficiary while they have a joint mortgage; Thomas presently intends to maintain CAD 300,000 on the same basis. These intentions are not beneficiary changes until completed through the relevant insurer or estate document.
9. Review, governing law and severance
The parties will review this Agreement after the birth or adoption of a child, purchase of a shared home, or material change in income. A change must be in writing and signed after any advice required by law. Ontario law is intended to govern, but mandatory law of another applicable jurisdiction may prevail. If a provision is invalid, the remaining provisions continue only to the extent a court permits.
10. Acknowledgement and signatures
Each party confirms that the information supplied is substantially complete, that no pressure or threat was used, and that each had a real opportunity to obtain independent legal advice. They intend this document to become effective on marriage, subject to applicable law and proper execution.
Maya Elise Chen, 77 Alder Lane, Kingston, Ontario K7L 3R2
Signature: ____________________ Date signed: 12 January 2027
Thomas Gabriel Reed, 14 Willow Crescent, Kingston, Ontario K7M 6P1
Signature: ____________________ Date signed: 12 January 2027
Witness: Priya Nanduri, 33 Brock Street, Kingston, Ontario K7L 1R6
Witness signature: ____________________ Date: 12 January 2027
Independent legal advisers, if obtained, should record their names, advice dates and any certificate required by Ontario law.