What Can You Include in a Prenup? Surprising Clauses in Ontario Marriage Contracts

Explore the most unexpected and practical items you can legally include in a prenuptial agreement in Ontario, from pet custody and privacy clauses to reproductive rights and intellectual property.

Understanding Prenuptial Agreements in Ontario

A prenuptial agreement (also called a marriage contract in Ontario) is a legally binding contract between two people planning to marry. It outlines what happens to property, debts, and spousal support in the event of separation, divorce, or death.

Under Ontario’s Family Law Act, prenups can address:

1. Division of property
2. Ownership of specific assets or businesses
3. Spousal support rights or obligations

However, they cannot include terms about child custody or child support—those must be determined based on the child’s best interests at the time of separation.

Common and Uncommon Items You Can Include in an Ontario Prenup

Modern prenuptial agreements in Canada are more than just financial protection—they’re increasingly being used to outline lifestyle expectations and personal priorities. Here are some of the most surprising and increasingly common prenup clauses:

1. Pet Custody Arrangements – Couples now include clauses that specify who keeps the family pet after a breakup, along with financial responsibility for vet bills and food.
2. Digital and Intellectual Property – Creators and entrepreneurs are using prenups to protect rights to:
   1. Apps
   2. Podcasts
   3. YouTube or TikTok channels
   4. Trademarks or written works
3.  Ownership of Frozen Embryos and Genetic Material – Couples undergoing IVF often use a marriage contract to clarify ownership and usage rights of frozen embryos or gametes.
4. Sentimental and Family Heirlooms – Agreements may name specific items that must remain with one spouse—such as a grandparent’s ring, photo albums, or family recipes.
5. Social Media and Privacy Clauses – These clauses restrict what can be posted online during or after a breakup and protect against reputational harm.
6. Household Management – Clauses may outline who is responsible for hiring financial advisors, cleaners, nannies, or other professional services, and how those services are paid for.
7. Infidelity Penalties – While not always enforceable, some couples include symbolic financial penalties for cheating to discourage betrayal or clarify expectations.
8. Holiday and Vacation Planning – Some prenups include agreements on the number of vacations per year or how holidays with extended families will be shared.
9. Sunset Clauses – A prenup may expire after a set number of years of marriage or automatically update based on changes in income or net worth.
10. Asset Appreciation and Business Growth – Business owners often include clauses that protect future appreciation of a company started before marriage, keeping it separate from marital property.

Why Prenups Are Important—Even for the Average Couple

Contrary to popular belief, you don’t need to be wealthy to benefit from a prenuptial agreement in Ontario. They’re especially valuable if you:

1. Are entering a second marriage
2. Have children from a previous relationship
3. Own or co-own a business
4. Have unequal debts or assets
5. Want to protect inheritances or gifts

A marriage contract helps prevent disputes, reduce legal costs, and ensure both parties understand their rights and obligations in the event of a separation or divorce.

Legal Requirements for a Valid Prenup in Ontario

To be enforceable, your Ontario marriage contract must meet the following conditions:

1. It must be in writing and signed by both parties
2. Each party should receive independent legal advice
3. There must be full financial disclosure
4. The agreement must not be unconscionable or illegal

Final Thoughts from Russell Alexander Collaborative Family Lawyers

Marriage contracts in Ontario are evolving. They’re no longer just about protecting money—they’re about protecting values, planning for the future, and avoiding conflict. Whether you want to outline who gets the dog or protect your start-up, a well-drafted prenup can be an essential part of building a respectful and transparent relationship.

At Russell Alexander Collaborative Family Lawyers, we help clients across Ontario create customized prenuptial agreements that reflect their unique circumstances and protect their long-term interests.

Need help drafting or reviewing a prenuptial agreement in Ontario?

Contact us today to book a consultation with one of our experienced family lawyers.