A prenuptial agreement, often referred to as a “prenup”, is a type of domestic contract entered into by two people who intend to marry.

Prenuptial Agreements enable married or soon-to-be-married couples to clarify the terms of their relationship, including with respect to division of property and support, particularly in the event of a separation or divorce.

By entering into a prenup, the parties gain control over and certainty about their future. More importantly, they are able to come to an agreement on important issues before they materialize, rather than wait for a court to decide in the heat of a battle.

A prenuptial agreement can be entered into before and after the marriage but must take place before the marriage breakdown. After separation, the parties may enter into a separation agreement.

It is important to note that there are some family matters that parties cannot vary by contract. For instance, a court will not enforce a provision in a prenup that provides that a party will not be obligated to pay any child support to the other party in the event that the children reside with the other party after separation.