Public perceptions of prenuptial agreements have shifted significantly over the past decade. Once viewed as tools reserved for the wealthy or celebrity couples, prenups and cohabitation agreements are now increasingly common among millennials and everyday families navigating modern financial realities. On CBC, Shulman & Partners LLP shared insight into why these agreements are becoming more prevalent and how changing marriage patterns, rising property values, and evolving family structures are influencing family law decisions across Ontario.
The discussion also explored common misconceptions about divorce, spousal support, pensions, and timelines for separation, highlighting how emotional expectations often clash with legal realities. By breaking down complex legal concepts in accessible terms, Shulman & Partners LLP provided clarity on how Ontario family law approaches marriage contracts and divorce, and why early planning can reduce conflict and uncertainty later on.
The interview focused on the growing normalization of prenuptial and cohabitation agreements, particularly among millennials who are marrying later in life and entering relationships with established assets. Shulman & Partners LLP explained that, unlike previous generations, many couples today have already purchased property, built savings, or received family assistance such as gifted down payments. As a result, more individuals are seeking marriage contracts to protect assets acquired before marriage and to bring clarity to financial expectations.
The discussion clarified that in Canada, what is commonly referred to as a prenup is legally called a marriage contract. These agreements can address property division and spousal support obligations, offering couples a framework should the relationship end. For unmarried couples, cohabitation agreements serve a similar function, particularly given the legal consequences that can arise once partners meet the definition of common law under Ontario law.
Shulman & Partners LLP also addressed the timing of these conversations, emphasizing that leaving discussions until the eve of a wedding can create legal risks, including allegations of pressure or duress. Proper disclosure and adequate time to consider the agreement are essential to ensure enforceability. While couples can technically draft agreements themselves, the interview highlighted the risks of doing so without legal advice, noting that poorly drafted contracts can be difficult and costly to challenge later.
Beyond prenups, the segment turned to frequently asked divorce questions. They explained that infidelity, while emotionally significant, does not factor into entitlement for spousal support under Ontario law. Instead, courts focus on financial need, roles during the marriage, and economic self-sufficiency. Similarly, pensions accumulated during marriage are generally treated as family property and subject to division upon separation.
Finally, the discussion led to what affects the length and cost of a divorce. Amicable negotiations, organized financial disclosure, and limiting outside interference can all help resolve matters more efficiently. By contrast, high-conflict disputes and court proceedings often extend timelines and increase legal expenses. Throughout the interview, the emphasis remained on informed decision-making and managing expectations during emotionally charged transitions.
Watch the full CBC The Goods 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.