Tag: Foreign Prenuptial Agreements

Understanding Foreign Prenuptial Agreements

What a prenuptial agreement is—and what it’s for

A prenuptial agreement (in Ontario, a marriage contract under Part IV of the Family Law Act) sets out each partner’s rights and obligations during the marriage and upon separation or death. Typical goals include:
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• Clarifying property ownership and how assets will be divided if the relationship ends.
• Allocating responsibility for debts.
• Preserving family-owned businesses, real estate, or inheritances.
• Establishing spousal support expectations (subject to judicial oversight; Ontario courts can still review support clauses for fairness and compliance).
  Importantly, parenting time, decision-making responsibility, and child support cannot be finally contracted out of; Ontario courts retain jurisdiction to protect children’s best interests.