Estates
Why prenuptial agreements matter in estate planning
By Christina Koshman, TEP, CFPⓇ 21 November 2025 3 min read
Much like other facets of estate planning, prenuptial agreements aren’t an easy topic to broach–for the couple or their family members. But having the conversation and drawing up an agreement is a crucial step to take to protect the family legacy. In this article, we explore why it’s important to have a prenuptial agreement in place, and some strategies to help family members navigate the conversation with the couple.
How a prenuptial agreement protects the family legacy
In many provinces, assets acquired or inherited during a marriage or common-law partnership can be subject to division upon separation or divorce without a prenuptial agreement. This division can significantly diminish an inheritance intended for future generations. For those expecting substantial inheritances, creating a prenuptial agreement is a vital step in safeguarding those assets. By clearly defining what property is separate from marital property, a prenuptial agreement prevents inherited assets from being claimed by a spouse in the event of a relationship breakdown, ensuring the inheritance benefits the intended heirs as originally planned.
Tips for navigating the conversation
When parents consider discussing a prenuptial agreement with their child and their future spouse, they often encounter challenges beyond legal and financial aspects. Navigating these conversations requires a delicate balance of love, concern, and respect for their child's autonomy.
Here are a few potential challenges that could arise, and some strategies to address them:
- Relationship strain: Insisting on a prenuptial agreement might strain the relationship between parent and child, and between the child and their future spouse. The future spouse may feel distrusted, and the child may feel caught in the middle.
- Start with love and support: Express joy about the marriage, reaffirm your love, and acknowledge the topic's sensitivity.
- Start with love and support: Express joy about the marriage, reaffirm your love, and acknowledge the topic's sensitivity.
- Emotional resistance: Discussing prenuptial agreements can be emotionally charged, as it involves addressing potential relationship breakdown. Children may resist what they perceive as parental meddling or a lack of faith in their relationship.
- Focus on fairness and clarity: Explain that the agreement provides clarity, reduces potential conflict, and ensures fairness.
- Focus on fairness and clarity: Explain that the agreement provides clarity, reduces potential conflict, and ensures fairness.
- Perception of control: Adult children might see the request for a prenuptial agreement as an attempt to control their finances, leading to resistance, especially if they value independence.
- Emphasize it's a collaborative decision: Make it clear it's a suggestion, not a demand, and encourage them to explore it together. Allow them to express concerns and acknowledge their emotions empathetically.
- Emphasize it's a collaborative decision: Make it clear it's a suggestion, not a demand, and encourage them to explore it together. Allow them to express concerns and acknowledge their emotions empathetically.
- Timing and delivery: How and when the topic is raised significantly impacts the reaction. Bringing it up too close to the wedding or in a forceful manner can be problematic.
- Choose the right time and place: Select a calm, private setting and avoid stressful times like immediately before the wedding. Suggest a meeting rather than ambushing the couple.
- Choose the right time and place: Select a calm, private setting and avoid stressful times like immediately before the wedding. Suggest a meeting rather than ambushing the couple.
- Misunderstanding of purpose: The future spouse might misunderstand the agreement's intent, viewing it as distrust rather than asset protection.
- Explain your concerns and intentions: Clearly articulate why a prenuptial agreement is worth considering, focusing on protecting family legacy and inheritances. Frame it as planning, not doubt.
- Explain your concerns and intentions: Clearly articulate why a prenuptial agreement is worth considering, focusing on protecting family legacy and inheritances. Frame it as planning, not doubt.
- Legal advice and costs: Encouraging a prenuptial agreement necessitates independent legal advice, which can be costly. Disagreements about who pays may arise.
- Offer support and resources: Help find legal counsel and discuss contributing to legal costs.
Review regularly
To maintain the relevance and effectiveness of these agreements, regular review is essential. Circumstances, financial situations, relationships, and family dynamics evolve over time. What seemed fair and suitable initially might not be equitable years later. Regular reviews, perhaps every few years or after significant life events such as the birth of a child or a major financial change, allow for necessary updates and amendments. These reviews ensure the agreement reflects the parties' current intentions and realities, strengthening its validity and reducing the likelihood of future disputes. This proactive approach solidifies the protection of inheritances and other assets.
By using these strategies, a constructive conversation about prenuptial agreements can prioritize the couple’s well-being, their relationship, and the protection of future inheritances, while being sensitive to everyone's feelings.
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