Quebec Marriage Contract Checklist: 10 Things to Prepare

Quick answer: A useful Quebec marriage contract checklist starts with two things: the decisions you want the contract to address and the records that show what each partner owns, owes, and expects to receive. Bring those details to a Quebec notary, because the final marriage contract must be notarized. An online document can help you prepare, but it is not the final contract.

Quebec does not treat a prenup exactly like Ontario, British Columbia, or Alberta. Without a marriage contract, spouses are generally governed by the default matrimonial regime of partnership of acquests. A notarized marriage contract can select separation as to property or arrange other permitted matters, but it cannot erase the mandatory family patrimony rules in advance.

This guide gives engaged and married Quebec couples a practical list to prepare before the notary appointment.

Not legal advice: This article provides general legal information. A Quebec notary must prepare the final marriage contract and advise on the notarial process. Separate legal advice may also be appropriate when the partners' interests differ or the situation involves a business, major wealth imbalance, international property, or possible conflict.

Quebec marriage contract checklist at a glance

The Government of Quebec's marriage contract guidance confirms that a marriage contract can address the matrimonial regime, gifts, and intentions following death. It may be signed before or after marriage, must be signed before a notary, and requires notice in the Register of Personal and Movable Real Rights, commonly called the RDPRM.

1. Confirm that a marriage contract is the right document

A Quebec marriage contract is for people who are marrying or are already married. It is not the same as a cohabitation agreement for de facto spouses.

That distinction matters because Quebec now has several different legal frameworks for couples:

• Married spouses have a family patrimony and a matrimonial regime.
• Civil union spouses have similar family patrimony and civil union regime rules.
• De facto spouses may use a cohabitation agreement, and some couples who become parents of a common child on or after June 30, 2025 may also enter the parental union regime.

If you are living together but not marrying, start with Prenuply's Quebec cohabitation agreement guide. If you are planning a wedding or are already married, continue with the marriage contract checklist.

2. Gather identity, relationship, and timing information

Ask the notary's office what identification and civil-status records it requires. A practical preparation file often begins with:

• each partner's full legal name;
• current address and contact information;
• date and place of birth;
• planned marriage date and location, if not yet married;
• date and place of marriage, if already married;
• information about any prior marriage or civil union;
• citizenship, residence, or immigration details that may affect international planning; and
• the preferred language for meetings and documents.

Do not wait until the week of the wedding to ask for an appointment. The contract can be signed before marriage, in which case it generally takes effect on the wedding day. It can also be signed after marriage, but the Government of Quebec says it then takes effect on the day it is signed.

Changing regimes after marriage can require the existing regime to be dissolved. That may add financial, tax, valuation, and drafting work. Early preparation gives the notary more time to identify those issues.

3. Write down the result you actually want

"I want a prenup" is a starting point, not an instruction a notary can turn into a complete contract.

Write a short list of the outcomes each partner wants to discuss. For example:

• Should each spouse keep control of property registered in their own name?
• Is one partner bringing a business, professional practice, farm, rental building, or investment portfolio into the marriage?
• Are parents contributing money toward a home?
• Does either person expect a significant inheritance or family gift?
• Is this a second marriage with children from a previous relationship?
• Does the couple want to discuss gifts during life or on death?
• Are there foreign assets, another citizenship, or a possible move outside Quebec?

Use plain language. The goal is not to draft legal clauses before the meeting. It is to give the notary a clear picture of the decisions that matter.

4. Understand the default before choosing a different regime

If Quebec spouses do not sign a marriage contract, the default matrimonial regime is partnership of acquests. The Government of Quebec's matrimonial regime overview explains that separation as to property must be recorded in a contract made before a notary.

Under partnership of acquests, property is classified as private property or acquests. Property owned before the regime and property received by inheritance or gift is generally private, while property not declared private by law may be an acquest. The classification and division rules can be technical, especially when accounts are mixed, assets grow, or property is replaced.

Under separation as to property, each spouse generally administers their own property. The Chambre des notaires du Québec recommends keeping records that establish ownership, including receipts and titles.

Ask the notary to compare the two regimes using your actual assets, income, family plans, and risk tolerance. Separation as to property is not automatically better or fairer for every couple.

5. Make a separate family patrimony list

This is the step people most often miss when they search for a "Quebec prenup."

The matrimonial regime and the family patrimony are two related but different layers. Quebec's family patrimony generally includes:

• residences used by the family, including a house, condominium, or cottage;
• furniture and other items used by the family in those residences;
• motor vehicles used for family transportation;
• certain pension benefits accrued during marriage;
• RRSP-related retirement rights within the statutory definition; and
• Quebec Pension Plan earnings or similar plan earnings accumulated during marriage, subject to the applicable rules.

The Civil Code of Québec says spouses may not renounce their family patrimony rights in advance through a marriage contract or otherwise. The family patrimony applies regardless of which spouse holds title to the included property.

That does not mean premarital ownership is irrelevant. The calculation can allow deductions for certain net values owned at marriage and for some contributions made from gifts or inheritances. Records matter. Bring the ownership, debt, and value information instead of assuming that the title alone answers the question.

6. Build a dated asset inventory for each partner

Create one list for Partner 1 and one for Partner 2. Use the same valuation date if possible and identify whether each amount is exact or estimated.

Include:

• chequing and savings accounts;
• TFSAs, non-registered investments, shares, bonds, and other securities;
• RRSPs, pensions, and other retirement plans;
• homes, cottages, rental properties, land, and real estate outside Quebec;
• corporations, partnerships, professional practices, stock options, and shareholder loans;
• vehicles, boats, valuable collections, and other major personal property;
• trusts, expected inheritances, and significant gifts;
• insurance policies with cash value; and
• money owed to either partner.

For each major item, record:

1. the legal owner;
2. the approximate current value;
3. the related debt;
4. when and how it was acquired;
5. whether money came from an inheritance or gift; and
6. where the supporting document is stored.

This is preparation, not a final legal classification. The notary decides what information is needed and explains how Quebec law applies.

7. List debts, guarantees, and ongoing obligations

An asset-only marriage contract discussion gives an incomplete picture.

List every material debt, including:

• mortgages and home equity credit;
• personal and joint lines of credit;
• credit card balances;
• student loans;
• vehicle loans and leases;
• tax balances;
• business loans;
• shareholder or family loans;
• personal guarantees for a corporation or another person's debt; and
• support obligations from an earlier relationship.

For each debt, note the borrower, co-borrower, guarantor, balance, interest rate, payment, security, and purpose. If a parent advanced money for a down payment, clarify whether the family considered it a gift, a loan, or an ownership contribution, then bring the records to the notary.

A clear debt schedule helps the couple discuss responsibility, risk, and the effect of future refinancing without hiding the liabilities behind a net-worth total.

8. Flag businesses, farms, rental property, and foreign assets

Complex property deserves its own page in the preparation file.

For a business or professional practice, gather:

• incorporation and ownership records;
• shareholder or partnership agreements;
• recent financial statements;
• shareholder loan balances;
• any restrictions on transferring shares;
• personal guarantees; and
• a short explanation of how each partner contributes to the business.

For rental property or a farm, gather the title, mortgage, purchase records, current use, income, major improvements, and any family residential portion.

For foreign property, tell the notary where it is located and how it is owned. Quebec family law, another jurisdiction's property law, tax rules, and estate planning may all interact. The notary may recommend advice from another professional.

Do not insert a guessed value simply to finish the checklist. Mark the item for valuation and ask which date and method should be used.

9. Coordinate gifts, wills, and beneficiary planning

Quebec's official guidance says a marriage contract can record gifts and intentions following death, including a surviving-spouse clause. These provisions can have serious estate consequences.

Bring copies or summaries of:

• current wills and protection mandates;
• life insurance and registered-account beneficiary designations;
• promised family gifts or inheritances;
• obligations to children from a prior relationship;
• trusts or family holding companies; and
• property that one partner wants a spouse or child to receive on death.

Ask how the marriage contract should coordinate with the wills. The Government of Quebec's guidance on amending a will explains that a marriage contract may contain a gift mortis causa, including a surviving-spouse clause, and that whether it is revocable affects later will planning.

Do not assume a marriage contract replaces a full estate plan.

10. Prepare the notary questions before requesting a quote

The Chambre des notaires says there is no mandatory fee schedule imposed by the professional order. Fees must be just and reasonable and may reflect the time, effort, complexity, and expertise involved. The notary should provide an approximate fee in advance and explain changes.

Ask:

• What work is included in the quoted fee?
• Are the initial consultation, drafting, revisions, signing, certified copies, taxes, and RDPRM registration included?
• What could cause the estimate to change?
• Does the notary need a valuation, tax opinion, translation, or advice from another jurisdiction?
• Will both partners meet together, separately, or both?
• What financial records should be provided before the first meeting?
• How long does the process usually take for this level of complexity?
• When should the final appointment occur relative to the wedding?
• How are later amendments handled?
• Who keeps the original and how can the spouses obtain copies?

For a deeper cost-planning overview, see How Much Does a Marriage Contract Cost in Quebec?. Confirm the current amount directly with the notary you retain.

Before or after the wedding: which timing is better?

Quebec allows a marriage contract before or after marriage. Signing before the wedding is usually cleaner for couples who want their chosen regime to apply from the start of marriage.

Signing after the wedding is still possible, but the new contract takes effect when signed. The existing matrimonial regime may need to be dissolved, and the couple may need a more detailed accounting of what happened between the wedding and the change.

There is no reason to manufacture urgency, but there is a practical reason to start early: organized records, careful advice, and informed consent take time. If the wedding is close, tell the notary the exact date at the first contact.

How an online preparation document fits the Quebec process

An online tool can help a couple:

• identify the questions they need to answer;
• make consistent asset and debt lists;
• record their goals in plain language;
• spot missing information; and
• arrive at the notary appointment better organized.

It cannot replace the required notarial act.

Prenuply's Quebec marriage contract preparation guide is designed around that boundary. Prenuply creates a working template and financial summary for discussion. A Quebec notary must advise on the legal options and prepare the final marriage contract.

Common checklist mistakes

Avoid these six mistakes:

1. Using a common-law province template as the final Quebec contract. Quebec has a distinct civil-law and notarial framework.
2. Treating separation as to property as a waiver of family patrimony. The family patrimony remains a separate mandatory layer.
3. Listing assets without debts or ownership evidence. Values and records need context.
4. Ignoring what happens on death. Marriage-contract gifts, wills, and beneficiary designations should be coordinated.
5. Waiting until the wedding week. A notary needs time to understand, advise, draft, revise, and sign.
6. Assuming a preparation draft is ready to execute. The final document must come through the Quebec notarial process.

Frequently asked questions

Is a Quebec marriage contract the same as a prenup?

"Prenup" is a common search term, but Quebec couples generally use a notarized marriage contract to choose or modify a matrimonial regime and address other permitted matters. The terminology and legal structure differ from domestic contracts in common-law provinces.

Is a marriage contract mandatory in Quebec?

No. Without one, married spouses are generally governed by the default partnership of acquests regime. Family patrimony rules also apply to married spouses regardless of whether they sign a marriage contract.

Does a Quebec marriage contract need a notary?

Yes. The final marriage contract must be notarized and signed before a Quebec notary. The notary also registers the required notice in the RDPRM.

Can a marriage contract waive family patrimony?

Spouses cannot renounce family patrimony rights in advance through a marriage contract. Family patrimony and the matrimonial regime must be analyzed separately.

Can we sign after getting married?

Yes. Quebec's official guidance says a marriage contract may be signed after marriage. It takes effect on the date it is signed, and changing the existing regime may require additional liquidation and accounting work.

How much does a Quebec marriage contract cost?

There is no mandatory province-wide notary tariff imposed by the Chambre des notaires. The fee depends on factors such as time, effort, complexity, and expertise. Ask for an approximate fee and what it includes before the work begins.

Do both partners need separate lawyers?

The final contract requires a Quebec notary. A notary acting for the agreement must remain impartial and ensure the parties understand the act. Separate legal advice may still be appropriate when interests diverge, negotiations become contentious, or one person wants confidential advice about their own position.

What should we bring to the first appointment?

Bring the items requested by the notary. A strong starting package includes identity and marriage details, a dated asset and debt list for each partner, ownership and loan records, business or real-estate documents, estate-planning information, and a list of goals and questions.

Turn the checklist into a clear working file

The best preparation document makes the notary's job easier without pretending to replace it.

Start with the couple's goals. Separate family patrimony property from the broader asset list. Record debts as carefully as assets. Attach evidence for homes, businesses, inheritances, and major accounts. Then ask the notary what else is required.

Prenuply can help you prepare a Quebec marriage contract working template and financial summary for the appointment. The Quebec notary remains responsible for legal advice and the final notarial act.

Last reviewed: July 28, 2026. Laws, public guidance, fees, and professional requirements can change.

Sources checked

• Government of Quebec: Marriage contract
• Government of Quebec: Matrimonial regimes
• Government of Quebec: About family patrimony
• Civil Code of Québec
• Chambre des notaires du Québec: Matrimonial regimes and family patrimony
• Chambre des notaires du Québec: Professional fees

Prenuply AI Inc. is a technology company, not a law firm or notary office. Prenuply provides general legal information and preparation tools. A Quebec notary must prepare the final marriage contract.