What Should Women Know About Prenups When Getting Married Again?
Getting married again isn’t the same as the first time. You are entering a marriage with more assets, financial responsibilities, and children. In Ontario, a prenup is a great tool to protect what you’ve built and to set fair expectations if the relationship doesn’t last. When done right, it isn’t cold or transactional, but offers both partners more clarity over their assets, independence, and finances.
What Should You Include in the Prenup Agreement?
It’s common to focus on the assets they currently own, but a strong prenup goes beyond that. A second marriage often involves more complexity, but a thoughtfully-drafted agreement can reflect all that.
Here’s what your prenup should cover:
Future earnings
If you expect to earn significantly more over time, through a business, investments, or career growth, make sure your future income remains separate. This is especially important if you’re remarrying in your 30s or 40s with major earning years ahead.
Spousal support
If you decide to pause your career or reduce work hours to support the household, that has financial consequences. Your prenup should define a fair spousal support plan if the relationship ends.
Real estate
If you already own a home, protect the equity you’ve built. Clarify whether your partner will have any claim to it or how it will be shared. Also outline who pays for expenses if you move in together or buy jointly.
Inheritance
Prenups can confirm your children’s inheritances in advance, especially if you’re expecting a sizable estate or want to preserve intergenerational wealth.
Debts
Define who is responsible for student loans, business debt, or credit cards, especially if one of you enters the marriage with liabilities.
Children from previous relationships
A prenup can limit or waive rights a spouse can claim against your estate. You can also use the agreement to set boundaries around financial support and clarify that certain assets (like your home or RESP contributions) are reserved for your children.
How To Prepare for a Prenup Before Remarriage
Let’s break the process down step-by-step:
Step 1: Begin the conversation while things are calm
You are not bringing this up because you expect a divorce, but because you want transparency and shared understanding. Make sure your intentions are correct and do not present it as a demand.
Step 2: Think clearly about what you want to protect
Do you have a home you bought before this relationship? Are you planning to grow a business? Are you supporting children from a previous marriage? Make a clear list of what you want to remain protected, and where you expect to share responsibility with your partner.
Step 3: Work with separate lawyers from the start
A prenup will only hold up in Ontario courts if both parties had proper legal advice and full understanding of the terms. Your lawyer’s job is to make sure your rights are protected and your agreement is enforceable.
Step 4: Address your present and your future
Your prenup should also cover what happens if your financial situation changes. This includes future earnings, career sacrifices, inheritances, and property you may buy together. If you plan to pause your career, take care of children, or help with your partner’s business, your contribution should be clearly acknowledged in writing.
Step 5: Finalize the agreement well before the wedding
A prenup signed under pressure may not be considered valid. Give yourselves time to ask questions, revise the terms, and feel confident in the agreement. If something does not feel fair or clear, ask for changes.
Noori Law in Etobicoke can help you create a clear, future-focused prenup that supports your values and protects what matters. Book a consultation today.
