Separating Fact from Fiction About Marriage Contracts
Prepared by Steve Benmor, B.A., LL.B., LL.M.
Certified Specialist in Family Law
Benmor Family Law Group
Introduction: The Truth About Prenups
Marriage is a romantic commitment, but it’s also a legal and financial contract that affects everything from your home to your retirement savings, your business interests to your children’s inheritance.
Despite this reality, Marriage Contracts (prenups) are surrounded by myths, misconceptions, and outdated stigma that prevent couples—particularly those entering second marriages or bringing significant assets into a relationship—from having important conversations about their financial future.
This guide separates fact from fiction, giving couples the accurate information they need to make informed decisions about whether a prenup is right for them.
MYTH #1: “Prenups Are Only for Wealthy People”
The Myth:
Many couples believe prenups are only necessary for millionaires, celebrities, or people with family fortunes to protect.
The Reality:
Prenups are for anyone who wants clarity and fairness in their financial relationship—regardless of net worth.
While prenups have historically been associated with the ultra-wealthy, they’ve become increasingly common among professionals at all stages of life. Here’s why:
Prenups protect couples at all wealth levels:
Second marriages: You’ve spent decades building retirement savings, own a home, and have children from a previous relationship. A prenup ensures your assets go to your children while being fair to your new spouse.
Established professionals: One partner owns a $500,000 condo purchased before marriage. A prenup protects the pre-marital value of this asset while clarifying how value increases during marriage will be treated.
Business owners: One partner runs a professional practice or small business. A prenup prevents the business from being subject to division, which could force a sale or damage operations.
First-time homebuyers: One partner’s family contributes $150,000 toward the down payment. A prenup ensures this gift stays with that family if there’s a separation.
Young professionals: One partner brings $100,000 in student debt; the other has none. A prenup keeps this debt separate if the marriage ends.
The bottom line: If you have anything you want to protect—a home, retirement savings, a business, children’s inheritance, or simply peace of mind—a prenup isn’t about being wealthy. It’s about protection.
MYTH #2: “Prenups Mean You’re Planning for Divorce”
The Myth:
Some couples worry that discussing a prenup signals distrust, pessimism, or an expectation that the marriage will fail.
The Reality:
Having a prenup shows you’re mature, responsible, and willing to have difficult conversations—qualities that strengthen marriages, not weaken them.
Think about it this way:
- You buy home insurance, but you’re not planning for your house to burn down.
- You write a will, but you’re not expecting to die tomorrow.
- You sign a prenup, and you’re not planning for divorce—you’re simply being realistic and responsible.
Hypothetical Scenario:
Consider a couple: Sarah and Michael are both 28, planning to marry, and buying their first home together. Sarah’s parents are gifting $100,000 toward the down payment. Without a prenup, if they divorce after 5 years, Michael might be entitled to half of that $100,000 in the property division.
Sarah’s parents understandably want to protect their gift, but Sarah loves Michael and doesn’t want to offend him. When they sit down to discuss a Marriage Contract, Michael realizes this isn’t about distrust; it’s about respecting family contributions and creating clarity. They agree on terms that protect the gift while being fair to both of them.
Result: Sarah’s family feels secure, Michael feels respected, and both partners enter marriage with clear expectations.
MYTH #3: “Prenups Aren’t Romantic”
The Myth:
Talking about money, assets, and “what happens if we divorce” ruins the romance and magic of getting married.
The Reality:
If you can’t have honest conversations about money before marriage, you’re setting yourself up for serious problems during marriage.
Financial disagreements are one of the leading causes of divorce. Avoiding these conversations doesn’t make you more romantic, it makes you unprepared.
What’s truly romantic:
- Trusting your partner enough to be completely transparent about finances
- Caring enough about your partner’s future to create a fair agreement
- Building a foundation of honesty, communication, and mutual respect
- Knowing you’re entering marriage as true partners with shared goals
MYTH #4: “Prenups Aren’t Enforceable in Canada”
The Myth:
Some people believe Canadian courts routinely ignore or overturn prenups, making them pointless.
The Reality:
Properly drafted Marriage Contracts are legally binding and enforceable in Ontario—but only if done correctly.
Courts can set aside prenups in certain circumstances, but these typically involve:
- Lack of full financial disclosure: One party hid assets or debts
- No independent legal advice: Both parties must consult separate lawyers
- Unconscionability: The agreement is so unfair that it “shocks the conscience”
- Fraud, duress, or coercion: One party was forced or tricked into signing
- Failure to follow formalities: Agreement wasn’t properly signed or witnessed
If your prenup is drafted by an experienced family law lawyer and both parties receive independent legal advice, it will almost certainly be upheld.
This is why DIY prenups are dangerous:
- Online templates often miss critical Ontario-specific requirements
- Generic agreements don’t address your unique circumstances
- Improper execution can invalidate the entire agreement
- Courts regularly strike down DIY prenups, leaving couples with no protection
What makes a prenup enforceable:
✓ Drafted by a Certified Specialist in Family Law (like Steve Benmor)
✓ Full financial disclosure by both parties
✓ Independent legal advice for both partners
✓ Fair and reasonable terms
✓ Properly executed (signed, witnessed, and dated)
✓ Regular updates as circumstances change
Hypothetical scenario illustrating the risk:
Consider a couple: let’s call them James and Priya, who use an online template to create their prenup, and are trying to save money. They don’t get independent legal advice, and one partner doesn’t fully disclose their pension. Ten years later, when they divorce, the court throws out the entire prenup due to lack of legal advice and incomplete disclosure. They could end up spending $60,000 or more in legal fees fighting over assets—far more than a properly drafted agreement would have cost.”
MYTH #5: “Prenups Are Only About Protecting the Wealthier Partner”
The Myth:
People assume prenups are designed to protect the partner with more money at the expense of the partner with less.
The Reality:
A well-drafted prenup protects both partners and ensures fairness, not exploitation. While it’s true that prenups can protect pre-marital assets, they can also:
Protect the lower-earning partner:
- Guarantees spousal support if they sacrifice their career for the family
- Ensures fair division of property accumulated during marriage
- Protects them from the wealthier partner’s debts
- Provides certainty about financial security if the marriage ends
Protect the partner with career potential:
- If one partner pauses their career to raise children while the other advances professionally, a prenup can compensate for lost earning potential
- Acknowledges that non-financial contributions (childcare, household management) have real value
Protect both partners from each other’s debts:
- If one partner has significant student loans, business debts, or credit card debt, a prenup keeps these separate
- Protects both partners from being responsible for the other’s financial mistakes
Hypothetical scenario:
Consider David, a successful business owner worth $2 million, and Emma, a teacher earning $70,000 annually. David’s lawyer drafts a prenup that protects David’s pre-marital business assets. Emma’s lawyer reviews it and says, “This agreement is unfair. If Emma supports your household for 15 years while you grow your business, she deserves to share in that growth.”
They negotiate a revised prenup that:
- Protects David’s $2 million in pre-marital business value
- Ensures Emma shares in any increase in business value during the marriage
- Guarantees spousal support if Emma reduces her work hours for childcare
- Splits the matrimonial home 50/50 regardless of who paid more
Outcome: A fair agreement that protects David’s business while recognizing Emma’s contributions to the marriage.
💡 Worried about protecting your business or ensuring fairness in a high-asset marriage? An expert-drafted prenup by a Certified Specialist ensures both partners are protected. Skip to purchase section ↓
The Real Risk: Not Having a Prenup
Without a Marriage Contract, Ontario law makes these decisions for you:
❌ The matrimonial home is split 50/50—even if one spouse owned it before marriage and paid the entire down payment with family money
❌ All assets accumulated during marriage are equalized—regardless of who earned more or contributed more financially
❌ Business value increases are subject to division—potentially forcing business owners to sell or take on debt to pay an ex-spouse
❌ Spousal support is determined by the court—based on income disparity, length of marriage, and roles during marriage
❌ Lengthy, expensive court battles—because there’s no written agreement, both sides argue about what’s “fair,” spending $30,000-$100,000+ in legal fees
The irony: Couples who avoid prenups to keep things “simple” and “romantic” often end up in the most complicated, expensive, and bitter divorces.
When Should You Consider a Prenup?
You should seriously consider a Marriage Contract if:
✓ Either partner owns property (home, condo, cottage, investment properties)
✓ There’s a significant income or asset disparity between partners
✓ Either partner owns a business or professional practice
✓ One or both partners have children from previous relationships
✓ Family money is involved (gifts, loans, expected inheritance)
✓ Either partner has significant debts
✓ One partner will pause their career for childcare or other reasons
✓ Either partner has a pension or substantial retirement savings
✓ You want to avoid default Ontario property division rules
✓ This is a second (or third) marriage
✓ You simply want clarity and peace of mind
Even if none of these apply, a prenup can still benefit you by forcing important financial conversations and establishing clear expectations.
How to Start the Prenup Conversation
Tips for discussing a prenup with your partner:
- Start early: Don’t wait until a month before the wedding. Begin the conversation when you get engaged (or even before).
- Frame it positively: “I want to make sure we’re both protected and on the same page about our finances.”
- Emphasize fairness: “This isn’t about protecting me from you—it’s about making sure we’re both treated fairly.”
- Be transparent: Share your full financial picture and encourage your partner to do the same.
- Involve professionals: “Let’s each talk to our own family lawyers to make sure we both understand our rights and options.”
- Focus on the future: “I’m excited to build a life with you, and I want to make sure we start with complete honesty and clarity.”
What not to say:
- “My family/lawyer insists on this.” (Takes away your agency)
- “Sign this or we can’t get married.” (Coercive and unfair)
- “Don’t worry about getting a lawyer—it’s a standard form.” (Legally problematic)
The Process: How to Get a Prenup Done Right
Step 1: Initial Consultation
Meet with a Certified Specialist in Family Law (like Steve Benmor) to discuss:
- Your financial situation and concerns
- Your goals for the Marriage Contract
- What assets and debts need to be addressed
Step 2: Full Financial Disclosure
Both partners provide complete, accurate information about:
- Assets (real estate, investments, RRSPs, business interests)
- Debts (student loans, credit cards, mortgages, business loans)
- Income (salary, bonuses, investment income)
- Expected inheritance or family gifts
Step 3: Draft the Agreement
Your lawyer drafts a Marriage Contract tailored to:
- Your unique financial circumstances
- Ontario family law requirements
- Both partners’ interests and concerns
Step 4: Independent Legal Advice
Highly recommended step: Your partner should consult with their own family lawyer to:
- Review the agreement
- Explain their legal rights
- Ensure they understand what they’re signing
- Confirm they’re signing voluntarily
While not technically required by Ontario law, independent legal advice is the industry standard and significantly strengthens the enforceability of your agreement.
Step 5: Negotiate and Finalize
If your partner’s lawyer identifies concerns, you negotiate revisions until both parties are satisfied. Then you sign the agreement in the presence of witnesses.
Step 6: Store Safely and Update
Keep the original in a safe place, and review/update it periodically (especially if you have children, buy property, or experience major financial changes).
Common Questions About Prenups
Q: How much does a prenup cost?
A: Professional fees vary based on complexity, but a properly drafted Marriage Contract typically costs far less than even one month of divorce litigation. Think of it as insurance for your financial future.
Q: Can we update our prenup after marriage?
A: Absolutely. You can create a “Marriage Contract” (Ontario’s term for a post-nuptial agreement) at any time during your marriage to update or replace your prenup.
Q: What if we can’t agree on terms?
A: A skilled family lawyer can help you find middle ground. If you truly can’t reach an agreement, that’s valuable information about whether you’re ready to marry.
Q: Can a prenup address child custody or child support?
A: No. In Ontario, you cannot contract out of child support obligations or pre-determine custody. Courts always prioritize the best interests of children, regardless of what parents agreed to before marriage.
Q: How long before the wedding should we finalize a prenup?
A: Ideally, several months before the wedding. Signing a prenup days before the wedding can be seen as coercive and may invalidate the agreement.
Q: What happens if we don’t update our prenup?
A: It remains valid, but may not reflect your current circumstances. Regular reviews (every 5-10 years or after major life changes) ensure it stays relevant.
Take Action: Protect Your Future Today
Don’t let myths and misconceptions prevent you from protecting your financial future.
Marriage is a beautiful commitment—but it’s also a legal contract with serious financial implications. A well-drafted prenup doesn’t undermine your marriage; it strengthens it by establishing clear expectations, ensuring fairness, and providing peace of mind.
The real question isn’t “Do we need a prenup?”
The real question is: “Can we afford NOT to have one?”
Get Your Expert-Drafted Marriage Contract
Investment: $2,500 + HST
What You Get:
✓ Customized Marriage Contract prepared by a Certified Specialist in Family Law
✓ Personal consultation with Steve Benmor to discuss your specific situation
✓ Expert guidance on protecting assets, businesses, children’s inheritance, and family wealth
✓ Legally enforceable agreement designed to withstand future challenges
✓ Peace of mind knowing your prenup won’t be “ripped up in court”
What You Avoid:
❌ DIY templates that miss critical Ontario-specific requirements
❌ Generic online prenups that get thrown out in divorce court
❌ Inexperienced lawyers who overlook complex asset protection
❌ Costly legal battles over what should have been addressed upfront
The Process:
Step 1: Purchase Your Agreement
Secure your expert-drafted Marriage Contract online. Your investment includes everything listed above.
Step 2: Complete Your Questionnaire
Fill out a simple questionnaire about your financial situation, relationship circumstances, and specific concerns.
Step 3: Schedule Your Consultation
Book your personal telephone or in-person consultation with Steve Benmor at a time that works for you.
Step 4: Review and Sign Your Agreement
Receive your professionally drafted Marriage Contract, review it with Steve, and complete the signing process. While not legally required, both partners should receive independent legal advice to ensure maximum enforceability.
Note: Additional legal services beyond the standard agreement preparation may incur additional charges.
Why Choose Steve Benmor?
✓ Certified Specialist in Family Law (one of Toronto’s 24)
✓ Fellow of the International Academy of Family Lawyers (one of only 56 in Canada)
✓ Master of Laws (LL.M.) in Family Law
✓ Over 30 years of experience helping couples create fair, enforceable Marriage Contracts
✓ Regularly interviewed as a family law expert on television, radio, and in newspapers
The difference experience makes:
- Anticipates issues you wouldn’t think of
- Drafts agreements that withstand court challenges
- Understands complex assets (businesses, trusts, professional practices, second marriages)
- Creates fair agreements that protect both parties
- Saves you from costly mistakes that invalidate DIY agreements
Steve Benmor understands that the most important things in life are family, children, and having healthy relationships. His mission is to help couples stay out of court, keep costs down, and protect their futures with clarity and confidence.
Don’t Wait Until It’s Too Late
Every day you wait to create your Marriage Contract is another day your assets, business, and family wealth are at risk.
Second marriages deserve second chances—not second rounds in court.
Your business deserves protection—not to be subject to forced sale in divorce.
Your assets and family wealth deserve protection—not to be divided again in divorce court.
The time to act is now—before you say “I do.”
Ready to Get Started?
Purchase Your Marriage Contract Now →
Questions before purchasing? 416-489-8890 | steve@benmor.com
Benmor Family Law Group
77 Bloor Street West, Suite 600, Toronto, ON M5S 1M2
This guide is for informational purposes only and does not constitute legal advice. Every situation is unique, and you should seek advice specific to your circumstances. To discuss your specific situation with Steve Benmor, Certified Specialist in Family Law, contact us at 416-489-8890 or purchase your agreement at benmor.com/prenups-cohab-agreements.