13 Prenup Myths That Refuse to Die: A Canadian Fact Check

Despite the growing acceptance of prenups among Canadian couples, myths about marriage contracts persist. Some are harmless misunderstandings. Others prevent couples from getting protection they genuinely need. Here are 13 of the most stubborn prenup myths, fact-checked against Canadian law.

Myth 1: Prenups are only for rich people.

Fact: Any couple with income, assets, debt, or a plan for the future benefits from a prenup. You don’t need a mansion to have a stake in how your finances are handled.

Myth 2: Asking for a prenup means you don’t trust your partner.

Fact: A prenup is a financial planning tool, not a trust assessment. It’s about transparency and clarity, not suspicion.

Myth 3: Prenups are unromantic.

Fact: Discussing your financial future together is one of the most practical things a couple can do. Couples who create prenups report stronger communication and fewer financial conflicts during their marriage. Read more about this in The Psychology of Prenups.

Myth 4: A prenup means you’re planning for divorce.

Fact: You’re not planning for divorce any more than home insurance means you’re planning for a fire. It’s responsible preparation for a range of life events, including death, career changes, and business growth.

Myth 5: Prenups aren’t enforceable in Canada.

Fact: Marriage contracts are recognized and enforceable in Ontario. They must be in writing, signed by both parties and witnessed. However, even a properly executed agreement may later be set aside or certain provisions disregarded in circumstances permitted by the Family Law Act or other principles of contract law.

Myth 6: You can put anything in a prenup.

Fact: There are limits on what a marriage contract can determine. In Ontario, a marriage contract cannot determine future decision-making responsibility or parenting time. A domestic contract may contain provisions relating to child support, but a court may disregard those provisions where they are unreasonable having regard to the Child Support Guidelines. Courts can also set aside unconscionable terms or spousal support waivers that would leave one partner destitute.

Myth 7: I don’t need a prenup because everything will be split 50/50 anyway.

Fact: Ontario’s equalization rules are more complex than a simple 50/50 split. The matrimonial home, for example, receives special treatment that can produce surprising and unfair results without a contract.

Myth 8: Online prenups aren’t valid.

Fact: Ontario law does not require that a lawyer draft a marriage contract. An agreement created using an online platform may be enforceable if it satisfies the applicable legal requirements. As with any marriage contract, however, its enforceability can be affected by issues such as financial disclosure, understanding of the agreement and other grounds recognized by law. Visit How It Works to see the process.

Myth 9: A prenup protects only the wealthier partner.

Fact: A well-drafted prenup protects both partners. It ensures the less wealthy partner’s contributions are recognized and that neither partner is left in an unfair position.

Myth 10: You can’t get a prenup after the wedding.

Fact: A postnuptial agreement (called a marriage contract in Ontario, signed after the wedding) is fully valid and enforceable.

Myth 11: My partner will leave me if I ask for a prenup.

Fact: A 2025 TD Bank survey found that 52% of Gen Z Canadians want their partner to sign a prenup. The stigma is fading rapidly, especially among younger couples. How you raise the topic matters far more than the topic itself.

Myth 12: Prenups are too expensive.

Fact: Traditional lawyers charge $1,500 to $10,000, but online platforms like I Do Prenup offer the same legal protection at a fraction of that cost. Check Pricing for details.

Myth 13: If we don’t have a prenup, there are no rules.

Fact: Without a prenup, you’re automatically subject to your province’s default family law rules. In Ontario, that means equalization of net family property, special treatment of the matrimonial home, and potential spousal support obligations. Not having a prenup doesn’t mean no rules. It means you’re accepting rules you never agreed to. To see how rules vary across Canada, visit Legal Requirements by Province.

Don’t let myths cost you real protection. Start at I Do Prenup.

Frequently Asked Questions

Q: Are prenups valid in Ontario?

Yes. Marriage contracts are fully enforceable under Ontario’s Family Law Act when properly executed: in writing, signed by both parties, and witnessed.

Q: Is a prenup only useful if you’re wealthy?

No. Any couple with income, assets, debt, a business, or plans for the future benefits from a marriage contract.

Q: What’s the biggest prenup myth?

That not having a prenup means no rules apply. In reality, you’re subject to your province’s default family law, which may not match your intentions. Read more at Top Questions Canadians Google About Prenups.

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