Frequently asked questions

Yes, when properly signed. Courts apply the Miglin test: Stage 1 asks whether the agreement was fairly negotiated (full disclosure, independent legal advice, no duress, reasonable terms); Stage 2 asks whether it still makes sense at separation. Agreements meeting these standards are routinely enforced exactly as written.

Yes. A postnuptial agreement serves the same purpose as a prenup and is subject to the same enforceability requirements. It's commonly used when couples didn't sign a prenup, or when significant circumstances have changed, such as an inheritance, a business becoming more valuable, a career change, or reconciliation after a separation.

A cohabitation agreement is a contract for unmarried (common-law) couples that defines property ownership, debt responsibility, and spousal support expectations. It is particularly critical in provinces like Ontario and Quebec where common-law partners have no automatic property rights. Without a cohabitation agreement, only the titled owner has a legal claim to property.

Yes, to a significant degree. Agreements can keep pre-relationship assets separate, define buyout terms for a shared home, protect business interests from division, and shield anticipated inheritances. The matrimonial home has special protections in Ontario that cannot be entirely contracted away, but other terms around it can be customized.

No. Child support cannot be predetermined or waived. It is the child's right and courts will override any such provision. Parenting arrangements also cannot be locked in; courts decide based on the child's best interests at the time of separation, which may look very different from when the agreement was signed.

A basic lawyer-drafted agreement with no or minimal negotiation typically costs $1,500–$3,000 per couple, plus $500–$2,000 per person for independent legal advice. Complex agreements involving businesses or multiple properties run $3,000–$10,000 or more. This compares favourably to a contested divorce, which commonly costs $20,000–$100,000 in legal fees.

In that case default family law applies, which varies by province and relationship type. Married couples in most provinces divide property accumulated during the marriage through equalization or equal division rules. Common-law couples in most provinces have no automatic property rights; only the titled owner owns the property, unless the other party can prove a constructive trust through the courts, which is expensive and uncertain.