Prenuptial agreements are becoming more common across Canada as couples look for practical, proactive ways to plan for their future together. Alongside conversations about property, debt, and spousal support, some couples ask a more personal question: can a prenuptial agreement include lifestyle clauses?
You may have heard of celebrity prenups that include requirements about fidelity, social media use, or how often couples spend time together. These provisions are often called lifestyle clauses. While they can reflect shared values and expectations, their legal enforceability in Canada is more complex than many people realize.
In this article, we explore what a lifestyle clause prenup is, whether lifestyle clauses can be included in a Canadian prenuptial agreement, how courts tend to view them, and what couples should consider before relying on them.
What Are Lifestyle Clauses?
Lifestyle clauses are provisions in a prenuptial agreement that set out expectations about how spouses will conduct themselves during the relationship. Unlike financial terms, which deal with property division or spousal support if the relationship ends, lifestyle clauses focus on behaviour during the marriage or relationship.
A lifestyle clause prenup might address topics such as:
- Fidelity or exclusivity
- How household responsibilities are shared
- Expectations around work, travel, or relocation
- Religious or cultural practices
- Parenting philosophies or child-rearing values
- Health, wellness, or substance use
These clauses are usually rooted in communication rather than control. For many couples, the perceived value in these types of clauses lies in having open conversations about expectations before getting married.
Can a prenup include lifestyle clauses?
In short, yes. A prenuptial agreement in Canada can include lifestyle clauses. Canadian family law does not prohibit couples from writing behavioural or lifestyle-related terms into a domestic contract.
However, the more important question is not whether lifestyle clauses can be included, but whether they will be legally enforceable if a dispute arises.
Under Canadian law, prenuptial agreements are governed by provincial family law legislation, such as the Family Law Act in Ontario or similar statutes in other provinces. These laws allow couples to contract about property, support, and certain rights and obligations arising from the relationship. Lifestyle clauses fall outside the core areas that courts are most comfortable enforcing.
As a result, while a lifestyle clause prenup may be valid on paper, courts are often reluctant to enforce clauses that regulate personal behaviour within a marriage.
What is a lifestyle clause in a prenuptial agreement?
A lifestyle clause in a prenuptial agreement is any provision that attempts to define how spouses will live, behave, or interact during their relationship, rather than what happens if the relationship ends.
For example, a lifestyle clause prenup might say that:
- One or both spouses agree not to engage in extramarital relationships
- A spouse will limit work travel to a certain number of days per year
- Both spouses will participate in religious observances
- Social media posts about the relationship will remain private
These clauses are different from financial incentives or penalties tied to separation, such as a clause adjusting spousal support if infidelity occurs. Canadian courts tend to be particularly cautious about provisions that attempt to punish behaviour by attaching financial consequences.
Are Lifestyle Clauses Legally Enforceable?
In most cases, lifestyle clauses are not legally enforceable in Canada.
Canadian courts prioritize fairness, autonomy, and public policy when reviewing prenuptial agreements. While courts regularly enforce clauses dealing with property division and spousal support, they are far more cautious about provisions that attempt to regulate personal behaviour within a relationship.
Lifestyle clause prenup provisions often fail because they:
- Intrude into private aspects of marriage or cohabitation
- Attempt to control morality, intimacy, or daily conduct
- Create penalties tied to behaviour rather than financial planning
Even when freely agreed to, courts are reluctant to police how spouses live together. As a result, lifestyle clauses are usually treated as symbolic or aspirational rather than binding.
Common Types of Lifestyle Clauses in Prenups
Although enforceability is uncertain, some types of lifestyle clause prenup provisions appear more frequently than others.
Fidelity clauses
Fidelity clauses attempt to define or require monogamy during the relationship. In Canada, courts generally view these clauses as symbolic rather than legally binding, especially if they include financial penalties.
Social media and privacy clauses
Some couples include lifestyle clauses about not posting negative or private information about each other online. These may be more defensible if drafted carefully and tied to privacy rather than punishment.
Religious or cultural practices
Clauses about religious observance or cultural traditions are often included to reflect shared values. Courts may respect these as expressions of intent but are unlikely to compel compliance.
Work and relocation expectations
Lifestyle clauses addressing career priorities or relocation can be helpful conversation tools, but enforcement is unlikely if circumstances change significantly.
Health and wellness clauses
These clauses may address substance use, gambling, or wellness habits. Again, they are more likely to guide expectations than to be enforced.
Benefits of Including Lifestyle Clauses In A Prenup
It is important to be clear about what these benefits are and are not.
From a Canadian legal perspective, lifestyle clauses offer very limited legal benefit. Courts generally do not enforce them, and they should not be relied on to regulate behaviour or determine outcomes if a relationship ends.
That said, some couples still choose to include a lifestyle clause prenup provision because of the process, not the legal result.
Potential benefits include:
- Encouraging honest, early conversations about expectations
- Helping couples identify shared values and potential pressure points
- Creating a written record of intentions, even if non-binding
For some couples, simply talking through lifestyle expectations with care and mutual respect can strengthen communication. However, these benefits can usually be achieved without placing lifestyle clauses into a legally binding document.
Risks and Limitations of Including Lifestyle Clauses In A Prenup
There are also real risks to including lifestyle clauses without careful thought.
One risk is false security. Couples may assume a lifestyle clause prenup is enforceable when it is not, leading to disappointment or conflict later.
Another risk is increased vulnerability. Clauses that impose penalties for behaviour may make an agreement easier to challenge as unfair or unconscionable.
There is also the risk of emotional harm. Lifestyle clauses that feel controlling or one-sided can damage trust rather than build it.
Finally, poorly drafted lifestyle clauses may jeopardize the agreement as a whole if they raise concerns about pressure, imbalance, or lack of independent legal advice.
How to Draft Lifestyle Clauses Effectively
If you choose to include lifestyle clauses, thoughtful drafting is essential.
Here are some best practices:
- Treat lifestyle clauses as aspirational rather than punitive
- Avoid financial penalties tied to personal behaviour
- Use clear, respectful language
- Ensure both partners fully understand and agree to the terms
- Obtain independent legal advice
- Keep lifestyle clauses separate from core financial provisions
In Canada, courts are far more likely to uphold prenuptial agreements that focus on property and support, and that reflect fairness and transparency.
Alternatives to Lifestyle Clauses
Because lifestyle clauses are rarely enforceable and can sometimes undermine an otherwise strong agreement, many Canadian couples choose alternatives that better reflect how courts actually operate.
Premarital or relationship counselling
Counselling offers a safe, structured space to discuss expectations around money, work, family, intimacy, and values. Unlike a lifestyle clause prenup, counselling adapts as circumstances change.
Relationship values statements
Some couples create a non-binding document outlining shared intentions and priorities. Because it has no legal force, it avoids the risks associated with unenforceable clauses while still encouraging clarity.
Focus the prenup on enforceable issues
Canadian courts consistently uphold prenuptial agreements that address:
- Property division
- Debt allocation
- Spousal support
Focusing on these areas reduces risk and increases certainty if a relationship ends.
Final Thoughts
So, can a prenuptial agreement include lifestyle clauses? In Canada, the answer is yes, but with significant limitations.
A lifestyle clause prenup may help some couples clarify expectations, but it should not be relied on as a legally enforceable tool. Courts across the country have made it clear that personal behaviour within a relationship is not something they are eager to regulate.
For most couples, the healthiest and most effective approach is to use counselling, open communication, and a well-drafted prenuptial agreement that focuses on financial clarity and fairness.
At Jointly, we deliberately do not include lifestyle clauses in our prenups. Instead, we help Canadian couples create agreements that are practical, enforceable, and aligned with how Canadian courts actually decide family law disputes.
If you are ready to create a prenuptial agreement that reflects Canadian law and prioritizes clarity over conflict, you can get started with our free prenup starter kit tailored to the law in your province today.
Frequently Asked Questions About Lifestyle Clause Prenups
Can a lifestyle clause prenup be enforced in Canada?
In most cases, no. Canadian courts generally do not enforce lifestyle clauses in prenuptial agreements because they attempt to regulate personal behaviour within a relationship. Courts focus on financial matters like property division and spousal support, not how spouses conduct their day-to-day lives.
Are lifestyle clauses legal in Ontario and British Columbia?
Yes, lifestyle clauses are legal to include in a prenuptial agreement in both Ontario and British Columbia. However, legality does not mean enforceability. Courts in both provinces have consistently avoided enforcing clauses that interfere with personal autonomy or private relationship decisions.
Can a prenup include a fidelity or infidelity clause in Canada?
A prenup can include a fidelity clause, but Canadian courts are unlikely to enforce it, especially if it includes financial penalties. Clauses that attempt to punish infidelity often raise public policy concerns and can increase the risk that the agreement is challenged.
Will lifestyle clauses invalidate a prenuptial agreement?
Not automatically. However, poorly drafted lifestyle clauses, especially those that are one-sided, punitive, or coercive, can increase the risk that a court finds the agreement unfair or unconscionable. This is one reason many Canadian lawyers recommend keeping lifestyle expectations out of binding legal agreements.
Why do some couples include lifestyle clauses if they are not enforceable?
Some couples include a lifestyle clause prenup provision as a communication tool rather than a legal one. Discussing expectations around work, family, money, or values can help couples identify potential issues early, even if the clause itself has no legal force.
Does Jointly include lifestyle clauses in its prenups?
No. Jointly does not include lifestyle clauses because they are generally unenforceable under Canadian law and can undermine an otherwise strong agreement. Jointly focuses on creating clear, practical, and legally grounded prenups that reflect how Canadian courts actually decide family law disputes.
I founded Jointly because I want to empower more Canadians with the knowledge and tools to create relationship agreements that work for them, at a price they can afford. My big dream? That reaching more Canadians with Jointly ultimately keeps more families out of the court system when relationships breakdown, which can be slow, expensive and traumatic. (I may or may not have personal experience with this ????)
When I'm not lawyering, I'm most likely hiking with my dogs, kayaking the coastal waters around North Vancouver, or hitting the sauna and cold plunge.
- Common Law Separation Agreement. What Is It and What Should It Include? - January 22, 2026
- Can a prenuptial agreement include lifestyle clauses? - January 22, 2026
- What is a Conjugal Partner? - November 10, 2025
