Skip to main content

Post content has been hidden

To unblock this content, please click here

Melanie
Beginner August 2022 Ontario

How would you feel about Prenuptial Agreement?

Melanie, on August 16, 2022 at 11:39 Posted in Before the wedding 0 5
How would you feel about Prenuptial Agreement? I’m currently living with my Fiancé for 4 years and in relationship with him for 8 years. He owns the house co-signed with his Father. His parents live with him. His mother wants a prenup agreement in place to protect her son’s assests in case of accident, death or divorce. I feel sad at first but I think it’s necessary, regardless I will do it. I still want to build our own place together but I doubt he will stay here with them for a long period of time because his mother wants him to be around. But he said we have to stay here until we can afford to get our own place. We both work and make a decent living. He just don’t want to make a rush decision that will ruin us financially since he already have this place. Do you think it’s fair enough?

5 Comments

Latest activity by Hank, on August 22, 2022 at 03:05
  • Hank
    Featured September 2021 Ontario
    Hank ·
    • Dispute
    • Hide content
    View quoted message

    If I was bringing in a house that my Parents have left me I would want to protect it as it's a huge investment.

    Except if this house is the one you'll be living in as a married couple, in which Melanie's case it will be, then this house is officially the matrimonial home and no prenup can take that away from your partner. Even if you don't live in the house, inheritances and gifts are excluded from equalization and division of property so a prenup to protect the house becomes moot.

    I would get one even if both parties were bringing nothing of value and have it that anything bought as a couple is to be divided evenly between parties 50/50.

    You don't need a prenup in this case. Ontario's Family Law Act pretty much guarantees that your net family worth (this means all assets and all debts accumulated by both parties during the marriage) are divided equally upon dissolution of marriage.

    • Reply
  • C
    VIP September 2023 Ontario
    Carine ·
    • Dispute
    • Hide content

    I am all for prenups TBH, as many couples getting married we all think it will be forever, but sometimes it's not and we should all protect our assets. If I was bringing in a house that my Parents have left me I would want to protect it as it's a huge investment.

    I would get one even if both parties were bringing nothing of value and have it that anything bought as a couple is to be divided evenly between parties 50/50.

    • Reply
  • Hank
    Featured September 2021 Ontario
    Hank ·
    • Dispute
    • Hide content

    While I understand his mother's concern, something everyone here needs to know is that "prenups" (called Marriage Contracts in Ontario) don't work the way you think they do based on what we see on American television. If the house under his name is the matrimonial home (the primary residence of you and your partner), the in-laws have no right to take away your entitled portion of the home should you split regardless of who paid for it. If her intention is to ensure that you don't get any piece of the house in the case of a divorce, a "prenup" won't help her. The only thing it can potentially do is limit your entitled share to only the accrued value starting from when you get married, which I think is fair.

    Same goes for any money made during the marriage - you can ensure that everything that's in your individual bank accounts up until the marriage stays with the respective partners via a marriage contract but due to equalization, anything that is accrued once the marriage happens is shared equally, no matter who makes more.

    If you decide to go through with this, you'll need to seek your own counsel independent of your partner, which could amount to thousands of dollars per side. You can't use the same lawyer. And both of you will need to spell out exactly all the assets and debts each hold to ensure transparency. And no prenup is ironclad. Courts have thrown out prenups for a variety of reasons.

    Obviously, anything you read here will either just be the cliff notes (or wrong info) and you seek a lawyer to discuss further.

    • Reply
  • Meghan
    Devoted September 2022 Ontario
    Meghan ·
    • Dispute
    • Hide content

    I agree with Jenn's post I see nothing wrong with signing a pre-nup. A pre-nup is for covering his or your asset's when a separation/divorce happens. To make sure everything is covered incase of a death he would need a will. So I would definitely talk that over with your FH or Mother In Law and explain the difference between the two

    • Reply
  • Jenn
    Devoted August 2025 Ontario
    Jenn ·
    • Dispute
    • Hide content

    I don't see a problem with a pre-nup, to be honest - it protects both you and your FH. However, the sentence "to protect her son's assets in case of accident, death, or divorce" is what is a red flag for me.

    A pre-nup is usually in place in case of a divorce (in terms of dividing assets, spousal support, benefits, etc.) so that each party knows they are or are not entitled to XYZ if the marriage dissolves. It's for when a marriage ends because of 1 or both parties, deciding to end things, NOT when a marriage "ends" due to a partners' death

    Accident or death? those details are handled in a will (death) or living will (accident when the individual can't advocate for themselves. Like allocating who can make medical, and financial decisions for them, if they find themselves no longer able to themselves, or what they want to have happen if they would need to rely on machines to keep alive, etc.).

    If your future in-laws are saying they want to ensure that, god-forbid, your FH passes, they don't want you to have access to anything he made/earned/owns prior to you getting together, that is a bigger conversation, and is actually decided by a will, not a pre-nup...but I would hope your FH (and in-laws) would want to make sure you are looked after as much as possible in case something happens to your FH.

    Either way, signing a pre-nup is something only you and your FH can decide to do, and if it's right for the two of you, and no one else.

    Not sure if I helped or not!!!



    • Reply

You voted for . Add a comment 👇

×

Related articles

Groups

WeddingWire Article Topics