New Brunswick Prenuptial Agreement Template | Marital Property Guide

Quick Answer

Yes. New Brunswick recognizes domestic contracts. A domestic contract must be in writing, signed by the parties to be bound, and witnessed.

Last Reviewed

This general legal information was last reviewed on June 16, 2026 against official provincial sources. It is not legal advice.

How It Works

Prenuply is not a law firm. It helps you get organized before legal review.

Answer simple questions

Tell us about your relationship, priorities, assets, debts, and where you live.

Get a tailored draft

Prenuply creates a personalized Canadian working template, organized for professional review.

Review with lawyers

Each partner should review the final agreement with their own lawyer before signing.

What Matters in New Brunswick

New Brunswick marital property planning should be explicit about which assets are family assets, which assets are excluded or treated differently, how marital debts are handled, and whether the couple also needs common-law or cohabitation planning.

Use the domestic contract form

The Marital Property Act requires domestic contracts and amendments to be in writing, signed by the parties to be bound, and witnessed.

Name the property rules being changed

The agreement should say which property, debts, proceeds, and future purchases are covered, and which default rules the couple wants to adjust.

Separate marriage and common-law issues

New Brunswick property rights for married and common-law couples can differ. Couples should confirm whether they need a marriage contract, cohabitation agreement, or both.

Plan for separate advice

Each partner should have time to review the draft and disclosure with their own New Brunswick lawyer before signing.

What It Can Cover

Property owned before marriage

Savings, investments, vehicles, pensions, valuable personal property, and real estate.

Business interests

Companies, professional practices, farms, shares, retained earnings, valuation methods, and succession concerns.

Inheritance and gifts

Family gifts, inheritances, trusts, and contributions that should be identified before signing.

Debt responsibility

Student loans, credit cards, mortgages, tax debt, business borrowing, and future debts.

Common Mistakes to Avoid

The issues that most often weaken an agreement before it is signed.

Missing witness

A domestic contract that is not properly witnessed can create an avoidable formal problem.

Common-law confusion

A couple living together before marriage may need cohabitation planning as well as marriage-contract planning.

Debt left vague

Marital debt should be listed with balances, creditors, security, and responsibility preferences.

Home clauses without context

The marital home, title, mortgage payments, and sale proceeds should be reviewed under New Brunswick law.

From First Draft to Signed Agreement

What the journey usually looks like, from organizing details to signing with confidence.

Prepare financial disclosure

Gather asset values, debt balances, income details, business records, pension information, real estate documents, and supporting statements.

Create a working draft

Set out how the couple wants to handle existing property, future property, debts, inheritances, businesses, real estate, and support.

Review with separate lawyers

Each partner should review the draft, disclosure, timing, and signing process with their own family lawyer.

Sign only after revisions

The final agreement should be signed only after both partners understand the required formalities and have had time to consider changes.

What You Get with Prenuply

One transparent, one-time price. Your purchase includes a personalized template, built-in completeness checks, clarifying questions when details are missing, instant PDF and Word download, and email support.

Prepared for local review

Prenuply creates a personalized Canadian template from your answers, ready for a New Brunswick lawyer to review.

Asset and debt schedules

The guided flow helps collect property, liabilities, businesses, real estate, inheritance concerns, and support preferences.

Clarifying questions

If the draft needs missing details, Prenuply can ask follow-up questions before creating the final PDF and Word files.

Ready for professional review

Download a structured working draft for review with the right lawyer before signing.

Before Review

Legal names and dates of birth for both partners

New Brunswick residence and relationship timeline

Asset and debt schedules with approximate values

Business ownership, farm, or professional practice records

Real estate addresses, mortgage details, and title information

Inheritance, gift, trust, or family wealth expectations

New Brunswick FAQ

Does New Brunswick recognize prenups?

Yes. Couples can use a domestic contract for financial planning before marriage. It must be written, signed by the parties to be bound, and witnessed.

Are common-law couples treated the same as married spouses in New Brunswick?

Not always. Married and common-law property rights can differ, so common-law couples should consider a cohabitation agreement and legal advice.

What should New Brunswick couples gather before review?

Gather asset values, debt balances, income information, real estate details, business records, and inheritance or gift expectations.

Official Sources

New Brunswick Marital Property Act

Source used to review the general legal information on this page.

New Brunswick Family Services Act