Marriage & Prenuptial Agreements

Clarity and Protection for Your Relationship

Discussing finances and property before marriage might not be romantic, but it’s one of the most practical steps you can take for your future. Marriage contracts and prenuptial agreements provide clarity and protection for both partners, reducing potential conflict if your relationship changes.

These agreements aren’t about planning for failure – they’re about entering marriage with open communication and clear expectations. Whether you’re protecting premarital assets, a family business, or planning for children from previous relationships, we help create fair agreements that give both partners peace of mind.

Marriage Contracts

Marriage contracts can be signed before or during marriage. They establish how you’ll handle property and financial matters both during your marriage and if it ends.

Under Nova Scotia’s Matrimonial Property Act, these contracts can determine property ownership during marriage, asset division upon separation, spousal support arrangements, and the allocation of debt responsibility. They must be in writing, signed by both parties, and properly witnessed. While marriage contracts cannot predetermine child custody or support, they can address most financial matters. We ensure your contract is comprehensive, fair, and legally enforceable.

Prenuptial Agreements

Prenuptial agreements are marriage contracts signed before your wedding. They’re especially important when partners enter marriage with different financial situations.

Common reasons for prenuptial agreements include protecting an inheritance or family assets, safeguarding business interests, clarifying debt responsibilities, providing for children from previous relationships, and establishing financial expectations for the marriage. We help couples have these important conversations and draft agreements that protect both partners’ interests while strengthening their relationship through clear communication.

The Legal Framework

Under Section 23 of the Matrimonial Property Act, marriage contracts can override the default property division rules that would otherwise apply.

Without an agreement, the law presumes equal division of matrimonial assets. Your contract can establish different arrangements that better reflect your situation and intentions. Courts will uphold properly drafted agreements unless they’re unconscionable or signed under duress. We ensure your agreement meets all legal requirements for enforceability.