Can a marriage contract protect my assets in Canada?
Yes. A valid domestic contract (marriage contract or cohabitation agreement) under provincial family law can exclude specific property from equalization or property division. To be enforceable it must be in writing, signed, witnessed, with full financial disclosure and, ideally, independent legal advice for each party. Gifts and inheritances kept separate are also protected by statute even without a contract.
What can invalidate a prenup in Canada?
A marriage contract can be set aside if a party failed to disclose significant assets or debts, did not understand the nature or consequences of the contract, or if it was signed under duress. Courts can also override terms dealing with child support or, in some cases, spousal support if the result would be unconscionable at the time of separation.
Does a prenup protect the matrimonial home in Ontario?
It can, but only if drafted carefully. By default, the Ontario Family Law Act gives the matrimonial home special status and both spouses an equal right to it, and it cannot be deducted as marriage-date property. A domestic contract can address the home, but the parties must clearly and validly opt out of the default rules.
How does commingling affect protected assets?
Commingling — mixing excluded property with family assets — is the fastest way to lose protection. Depositing an inheritance into a joint account, using it for the family home, or paying it into shared investments can make it traceable as a family asset subject to equalization. Keep excluded funds in separate, well-documented accounts.