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.
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:
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.
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.
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:
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.
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:
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.
Although enforceability is uncertain, some types of lifestyle clause prenup provisions appear more frequently than others.
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.
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.
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.
Lifestyle clauses addressing career priorities or relocation can be helpful conversation tools, but enforcement is unlikely if circumstances change significantly.
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:
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.
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.
If you choose to include lifestyle clauses, thoughtful drafting is essential.
Here are some best practices:
In Canada, courts are far more likely to uphold prenuptial agreements that focus on property and support, and that reflect fairness and transparency.
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.
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.
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.
Canadian courts consistently uphold prenuptial agreements that address:
Focusing on these areas reduces risk and increases certainty if a relationship ends.
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.
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.
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.
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.
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.
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.
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.
Amanda BaronI'm Amanda, one of the founders of Jointly. I've been working as a lawyer in British Columbia for over ten years. I have a deep commitment to access to justice and building stronger, more resilient communities. I’ve always believed that everyone deserves affordable, clear, and accessible legal solutions to navigate life’s big moments.