Prenuptial agreements are gaining popularity in Canada.
Prenuptial agreements are gaining popularity in Canada. In addition, they are regularly enforced by courts. Prior to 1978, prenuptial agreements in Canada were not enforced. However, the 1978 Family Law Reform Act specifically authorized marriage contracts, and they have existed in the country ever since.
Prenups in Canada
Like in most countries, there are some exceptions to prenups in Canada.
b. If the provision for support is in favor of, or the waiver is by or on behalf of, a dependant who qualifies for allowance for support out of public money; or
c. If there is default in the payment of support under the contract or agreement at the time the application is made.
A court can also modify a Canadian prenuptial agreement if enforcing it would create financial hardship to a party.
Here are some examples and caselaw:
Read the fine print of the Family Law Act here: olr.org/wp-content/uploads/2018/01/olr_11.1_Tennenhouse.pdf