What a family lawyer says you should know before getting married

Barry Nussbaum, a Toronto-based family lawyer who has counselled countless couples, offers advice about the details you don't want to overlook before getting married.

Marriage is a major rite of passage and, for many people, the ultimate goal of entering a romantic relationship.

But unlike other personal milestones, such as moving away for university or renting your first apartment, marriage relies on two people weaving their lives, dreams and assets together. For this reason, it's a serious personal, legal and financial undertaking that takes some planning, foresight and a lot of communication to do successfully.

Failure to agree on how life as a married couple will look can easily lead to the downfall of a marriage, with incompatible values and conflicting attitudes toward money cited as two of the most common reasons why marriages break down.

Here is some advice from Barry Nussbaum, a Toronto-based family lawyer who has counselled countless couples, about the details you don't want to skip before getting married.

A prenuptial agreement, or "prenup," is a legally binding contract a couple signs before they marry that sets out how shared assets will be divided if a marriage fails, as well as any expectations around spousal support.

"A prenup effectively addresses the exposure to financial consequences that can result upon a breakup of marriage or, quite frankly, even if parties aren't married and they're in a common-law relationship," Nussbaum told CTVNews.ca in an interview over Zoom. "Don't get married without a prenup, most particularly if you have means and you have financial savings. It's a very smart thing to do prior to marriage."

He said prenups used to be more common in second or third marriages, because at least one party was likely to be older and more established, with more assets to protect.