Common questions
What is the default property scheme for married spouses in Manitoba?
Family assets / family property under Manitoba’s Act is its own accounting, not BC excluded-property and not Québec patrimony.
What happens for unmarried partners in Manitoba if they never sign?
Manitoba’s Family Property Act can include common-law partners after a three-year cohabitation (or a registered common-law relationship, or a child plus a relationship of some permanence, as the Act defines). That is not Ontario’s married-only equalization.
What form does the writing have to take?
Spouses may make agreements about family property in writing according to the Act. Formality is provincial, not UPAA.
When can a court set the agreement aside?
The Act and general contract principles govern when an agreement will not be followed. Disclosure and advice remain lawyer questions.
What about children and support?
Child support is not a bargained-away private debt between adults. Support is a separate Manitoba/federal analysis from property contracting.
Worked examples
A draft labelled prenup for Manitoba
The useful question is whether it is a marriage contract or a cohabitation agreement given the parties’ status. Manitoba sources are the only citations this page will use.
A clause copied from another province
Ontario equalization language, British Columbia excluded-property language, and Québec family-patrimony language are not interchangeable. Do not generalize Manitoba’s three-year common-law trigger to Ontario or Québec.
Missing financial schedules
Canadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.