Everything You Need to Know About Prenups

Prenups in New Brunswick are more flexible and practical than many people realize, but they need to be done properly to hold up over time. When drafted with good legal advice, they can protect both partners, reduce conflict, and give clarity about property, support, and expectations in the relationship.

 

What is a prenuptial agreement?

 

In New Brunswick, what most people call a “prenup” is a type of “marriage contract” signed before or during a marriage that sets out each spouse’s rights and obligations during the relationship and if they separate, divorce, or one of them dies. These contracts can address issues like who owns what property, how property will be divided in the future, and whether either spouse will pay support if the relationship ends.

 

A key point is that a marriage contract cannot legally predetermine custody or parenting time for children, because courts must always focus on the child’s best interests at the time of separation. However, you can still use the contract to clarify your values around things like education or religion, as long as you understand that parenting arrangements are ultimately reviewed by the court if there is a dispute.

 

Other domestic contracts: postnups and cohabitation agreements

 

A “postnup” is essentially a marriage contract signed after the wedding, rather than before—it serves the same purpose but is entered into during the marriage. Couples may choose a postnup when their financial situation changes significantly after marriage (for example, starting a business, receiving an inheritance, or buying a major asset together).

 

Unmarried partners who live together can use a “cohabitation agreement” to define their rights and obligations during the relationship and if they separate or one partner dies. If they later marry, that cohabitation agreement is treated as a marriage contract, so planning ahead before marriage can still provide long-term protection.

 

What is a separation agreement?

 

A separation agreement is a contract used when spouses or common-law partners decide to separate and want to put their arrangements into a clear written document. It typically covers parenting arrangements (custody and access), child support, spousal support, and how property and debts will be divided.

 

Couples can sign a separation agreement after they have started living apart, or while they are still under the same roof but have decided to separate. These agreements can significantly reduce conflict and the need to go to court, especially when prepared with the help of family law lawyers or mediators.

 

Why these contracts matter

 

New Brunswick’s Marital Property Act assumes that married spouses will generally share marital property equally unless there is a valid agreement that says otherwise. A marriage contract or cohabitation agreement lets couples decide in advance on different rules that better fit their situation, such as protecting a family business, a home owned before the relationship, or unequal contributions to certain assets.

 

Domestic contracts can also give legal enforceability to arrangements for couples who do not automatically benefit from the Marital Property Act, such as some common-law partners. In addition, a well-drafted contract can help avoid expensive litigation later by clearly setting expectations about support, property division, and how to handle major life changes.

 

What makes a prenup or domestic contract valid?

 

For a domestic contract to be valid in New Brunswick, it must be in writing, signed by both parties, and witnessed. Courts can refuse to enforce a contract, or parts of it, if it is extremely unfair, was signed without proper understanding, or includes terms that go against the law or public policy.

 

Independent legal advice for each partner is strongly recommended, and the court may ignore parts of an agreement where one spouse signed without advice and later challenges it as unfair. Clauses about child support or parenting can also be changed by a judge if that is necessary to protect the best interests of the child.

 

How Trio Law can help

 

Domestic contracts are not just “fill-in-the-blank” forms—small mistakes in wording or missing details can create big problems years later. Trio Law Offices offers family law services focused on helping clients separate, negotiate support and property division, and resolve disputes in ways that are amicable, efficient, and cost-effective.​

 

With a trusted reputation in Fredericton and across New Brunswick, Trio combines thorough legal analysis with a thoughtful, client-first approach so you feel informed and supported through every step. Whether you are planning a prenup, revisiting your arrangements after marriage, or formalizing a separation, meeting with a family lawyer at Trio ensures your contract reflects your real-life needs and stands up over time.​

 

If you are considering a prenup, postnup, cohabitation agreement, or separation agreement, the safest next step is to talk with a family law lawyer about your goals and your specific situation. You can connect with Trio Law Offices to discuss your options and get tailored advice for your family.​