In this Breakfast Television segment, Shulman & Partners LLP associate lawyer Alyssa Bach joined the hosts to discuss a growing trend among Canadian millennials and Gen Z: the rise of prenuptial and cohabitation agreements. While older generations often associated prenups with mistrust or divorce planning, younger couples are reframing them as tools for transparency, fairness, and future protection. With divorce rates still hovering above 40% and more people entering relationships with property, debt, or financial help from family, these agreements are increasingly seen as practical safeguards.
“You don’t get an insurance policy thinking that something is going to happen to you — you get it just in case... But if a separation does come up, you and your partner are on the same page, you've dealt with it when you had rational minds and it makes things a lot smoother as opposed to it being a lack of trust issue.”
— Alyssa Bach, Associate Lawyer at Shulman & Partners LLP
In the interview, Alyssa Bach sheds light on why prenuptial and cohabitation agreements are becoming more common among younger Canadians. According to recent surveys, over 50% of Gen Z couples have expressed interest in having such an agreement, compared to a national average closer to 30%. This shift represents not a loss of trust, but a new way of approaching relationships: openly discussing finances, future expectations, and protections early on.
For older generations, prenups carried a stigma — often seen as a sign that one partner expected a breakup. Alyssa explains that this is no longer the case. Instead, prenups are best understood like an insurance policy: rarely needed, but invaluable when circumstances change. These agreements allow couples to make decisions when they are on good terms, avoiding costly or emotionally charged disputes down the line.
Importantly, prenups are not just for the wealthy. Alyssa highlights that many couples today bring different financial realities into their relationships — from condos purchased with family help, to significant student debt, to shared pets and vehicles. Prenuptial and cohabitation agreements can cover all of these scenarios, ensuring that both parties understand what would happen if they separate.
The discussion also clarified the differences between agreements:
Prenuptial agreements are widely recognized but often used as a catch-all term.
Cohabitation agreements apply to couples living together but not married.
Marriage contracts are for spouses who are legally married.
All three agreements aim to provide clarity and protection, whether couples are just moving in together or preparing for marriage.
Alyssa further stressed that the strength of an agreement lies in its legal foundation: it must be written, signed, dated, and witnessed. Full financial disclosure is crucial, and independent legal advice for both partners ensures fairness and enforceability.
Finally, Alyssa addressed common law in Ontario, where cohabiting for three years can trigger spousal support obligations, and even shorter cohabitation may lead to property claims if one partner invests financially in the other’s assets. Many couples are unaware of these legal realities, making early education and legal consultation especially important.
By reframing prenups as tools for fairness and transparency, Alyssa positions them not as a sign of doubt, but as a responsible way for couples to plan for the future together.
Watch the full Breakfast Television segment here.
This media appearance is part of Shulman & Partners LLP’s ongoing contributions to Canadian family law discussions. Explore more of our media features in our In the Media archive.