How Long Before the Wedding Should You Sign a Prenuptial Agreement?

Why Timing Matters for a Prenuptial Agreement

When it comes to signing a prenuptial agreement in Ontario, timing is just as important as the content of the contract itself. A prenup is designed to outline how property, assets, and debts will be divided if the marriage ends, but courts in Ontario closely examine the circumstances surrounding when it was signed.

Signing well in advance of the wedding helps ensure that the agreement is seen as voluntary and informed. If either party feels rushed or pressured because the wedding date is quickly approaching, the agreement may later be challenged as unfair or signed under duress.

Last-minute agreements carry significant risks. If one partner signs only days before the wedding, they might argue that they did not have enough time to review the terms properly or obtain independent legal advice—both of which are crucial for enforceability in Ontario. Courts have invalidated agreements in cases where the timing suggested undue influence, coercion, or lack of genuine choice.

Under Ontario’s Family Law Act, fairness is a key factor in determining whether a prenup will hold up in court. Judges will look not only at the contents of the contract but also at the context: Was there full financial disclosure? Did both parties receive independent legal advice? And importantly—was the agreement signed with enough time before the wedding to avoid any suggestion of pressure?

For this reason, most Ontario family lawyers recommend finalizing and signing a prenuptial agreement at least several months before the wedding. This allows time for proper negotiation, review, and legal guidance, making it much more likely that the contract will be upheld if ever challenged.

When to Start the Conversation with Your Partner

Ideally, couples in Ontario should begin discussing a prenuptial agreement 6 to 12 months before the wedding. This timeline provides ample opportunity for both partners to share their expectations, gather financial records, and consult with their own lawyers without feeling rushed. By starting early, couples reduce the risk of last-minute tension and avoid giving the impression that one party was pressured into signing.

Bringing up the topic well in advance also helps reduce stress. Instead of framing the agreement as a sign of mistrust, couples can approach it as part of responsible financial planning—similar to drafting a will or buying insurance. Setting aside time months ahead allows the conversation to unfold gradually, giving each partner space to think and respond thoughtfully.

Steps and Timeline for Drafting a Prenuptial Agreement in Ontario

In Ontario, drafting a prenuptial agreement is a process that requires planning, transparency, and careful timing. Following a structured timeline helps ensure that the agreement will be enforceable under the Family Law Act and less vulnerable to future challenges.

3–6 Months Before the Wedding: Hire Lawyers and Gather Financial Disclosure

Both partners should retain separate family lawyers early in the process. Independent legal advice is essential for enforceability, as it proves each party understood their rights before signing. At this stage, couples must also exchange full financial disclosure, including income, assets, debts, pensions, and business interests. Any missing or hidden information could later be grounds to invalidate the agreement.

2–3 Months Before the Wedding: Negotiate Terms and Draft the Agreement

Once financial disclosure is complete, the lawyers will begin drafting the agreement. Open communication and a willingness to compromise are key to avoiding disputes.

At Least 4–6 Weeks Before the Wedding: Finalize and Sign

To avoid claims of duress or undue pressure, most Ontario lawyers recommend signing the final version no later than one to two months before the ceremony. Signing weeks in advance demonstrates that both partners had time to consider the terms carefully, seek advice, and make informed decisions. Courts are much more likely to uphold an agreement that was completed well before wedding preparations were in full swing.

Why Rushed Timelines May Make Agreements Unenforceable

If the agreement is signed only days before the wedding, one party could later argue they felt they had no real choice but to agree. Ontario courts view rushed timelines as a potential red flag for coercion or unfairness. In extreme cases, judges have set aside prenuptial agreements because they were signed under pressure in the days leading up to the wedding. Giving the process the time it deserves is one of the best ways to safeguard the contract’s validity.

Legal Requirements That Affect Timing

The timing of a prenuptial agreement in Ontario is directly tied to several legal requirements under the Family Law Act. Failing to meet these obligations can result in an agreement being overturned, no matter how carefully it was drafted.

Full Financial Disclosure Must Be Exchanged

Each partner is legally required to provide complete and accurate financial disclosure before signing. This includes details about income, savings, investments, debts, pensions, and business holdings. If one party later discovers that assets were hidden or undervalued, the court may set aside the agreement on the basis of unfairness or misrepresentation. Gathering these records can take time, which is why starting early is essential.

Each Partner Requires Independent Legal Advice

For a prenuptial agreement to be enforceable in Ontario, both individuals must obtain independent legal advice (ILA) from separate lawyers. ILA ensures that each partner understands their rights, the implications of the agreement, and the potential consequences in the future. Scheduling consultations and reviewing drafts with two lawyers is rarely a quick process—another reason why couples should not wait until the last minute.

Courts May Invalidate an Agreement If Signed Too Close to the Wedding

Ontario courts are wary of prenups signed in the final days before a wedding. If the timing suggests one partner was pressured or lacked enough opportunity to reflect, the agreement may be deemed unenforceable. Judges consider whether both parties had the time and freedom to make an informed decision, and rushed agreements often fail this test. For this reason, most lawyers recommend signing at least one to two months before the wedding.

Why You Shouldn’t Wait Until the Last Minute

Leaving a prenuptial agreement until the weeks—or even days—before the wedding is one of the biggest mistakes couples in Ontario can make. Timing directly affects enforceability, and rushed agreements carry several risks.

Risks of Stress, Rushed Decisions, or Incomplete Disclosure

When couples are overwhelmed with last-minute wedding details, they may not have the time or focus needed to carefully review financial records or negotiate fair terms. This can lead to incomplete disclosure or poorly drafted provisions, both of which may later undermine the agreement in court.

Increased Chance of Future Disputes or Legal Challenges

If one partner feels pressured into signing on short notice, they may later challenge the agreement on grounds of duress or unfairness. Ontario courts often scrutinize prenups signed just before a wedding, and many have been set aside because the timing suggested coercion. By avoiding a last-minute approach, couples reduce the risk of expensive litigation in the future.

How an Early Agreement Sets a Positive Foundation for Marriage

Completing the agreement well in advance shows that both partners entered into it freely, with clarity and mutual respect. It fosters open communication, ensures transparency, and allows time for thoughtful planning. Far from creating conflict, an early agreement can provide peace of mind and strengthen the foundation of the marriage.