Mexico. Italy. Portugal. The Dominican Republic. Every summer, thousands of Canadian couples board flights to exchange vows in beautiful destinations far from home. But while the wedding itself might happen on a beach in Tulum, the legal consequences of that marriage follow you back to Canada.
If you’re planning a destination wedding, the question of which country’s laws apply to your prenup is not hypothetical. It’s one of the most important legal details you need to sort out before you leave.
Where You Marry vs. Where You Live
Here’s the key principle: the country (or province) where you get married determines the legal validity of the marriage ceremony itself. But the country (or province) where you live determines how your property, finances, and marriage contract are governed going forward.
If you are both Ontario residents who married abroad and continue living in Ontario, an Ontario court would generally look to Ontario family law when dealing with property, support and the enforceability of an Ontario marriage contract. However, if either partner has foreign assets, foreign citizenship, or the couple may live outside Canada, the analysis can become more complex and legal advice in both jurisdictions may be needed.
This is good news for Canadian couples with a Canadian prenup. Your Ontario marriage contract doesn’t become invalid because you got married in Italy. It’s a domestic contract governed by Ontario law, and Ontario courts will evaluate it under Ontario’s rules.
What If You Move Abroad After the Wedding?
The picture gets more complicated if you plan to live outside Canada after the wedding. If you get married in Mexico, live in France for five years, and then separate, which country’s courts handle the divorce? And which country’s laws determine whether your prenup is enforceable?
Generally, the jurisdiction where you’re living at the time of separation has primary authority. If you separate while living in France, a French court may apply French family law to your property division, regardless of what your Canadian prenup says. Your Canadian agreement may still carry weight as evidence of your intentions, but it’s not guaranteed to be enforced in full.
If there’s any possibility that you and your partner might live outside Canada, your prenup should include a choice-of-law clause specifying which jurisdiction’s law governs the agreement. This isn’t a guarantee that a foreign court will honour it, but it significantly strengthens your position.
Marrying a Non-Canadian Partner
If your partner is a citizen of another country, the legal complexity increases. Their home country may have its own rules about marriage contracts, property division, and spousal support that differ significantly from Canada’s.
For example, some countries require prenups to be notarized or registered with a government authority to be valid. Others don’t recognize prenuptial agreements at all, or limit what they can cover. If your partner has assets in their home country, those assets may be governed by that country’s laws regardless of what your Canadian prenup says.
The best approach is to create a Canadian marriage contract that complies with Ontario’s Family Law Act and addresses the specific cross-border considerations of your relationship. For an overview of how rules vary within Canada itself, visit Legal Requirements by Province.
Practical Steps for Destination Wedding Couples
Complete your prenup before you leave Canada. Don’t wait until you’re on vacation to sort out the details. The process should be finished, signed, and witnessed before you board the flight. This eliminates any argument about foreign influence or unfamiliar legal environments.
Ensure your marriage ceremony is legally recognized in Canada. Not all destination wedding ceremonies automatically translate into legal marriages under Canadian law. Confirm that your ceremony meets both the local requirements and the requirements for recognition in your home province.
Include a choice-of-law clause in your prenup. This specifies that Ontario (or whichever province you live in) governs the agreement, regardless of where the wedding takes place.
If your partner is a non-Canadian citizen, consider getting legal advice in both countries. Your Canadian lawyer handles the domestic contract. A lawyer in your partner’s home country can advise on whether the agreement will be recognized there and whether additional steps are needed.
Getting married abroad? Get your prenup sorted at home first. Start at I Do Prenup.
Frequently Asked Questions
Q: Does getting married in another country affect my Canadian prenup?
No. Your prenup is governed by the laws of the province where you live, not where the wedding ceremony takes place.
Q: What is a choice-of-law clause?
It’s a provision in your prenup that specifies which jurisdiction’s law governs the agreement, regardless of where you get married or where you live in the future.
Q: Do I need a prenup in both countries?
If your partner has significant assets in another country, or if there’s a chance you might live abroad, getting legal advice in both jurisdictions is recommended.