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Pazos Law GroupPrenups · Divorce · Family Law

Canadian Couple Marrying in Florida? How a Florida Prenup Sits Beside Québec’s Notarial Contract and Ontario’s Witness Rule (2026)

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated

Two situations reach us from Canadian couples. One plans to sign a Québec marriage contract before a notary and then marry in Miami. The other is an Ontario couple setting up a life in Florida who wants a Florida prenup. Both run into the same fact: the three places set different formalities for the same document. This page lines them up, reading each rule from its governing text.

Quick Answer

We are Canadian and marrying in Florida. What does a prenup need?

Florida asks only for a writing signed by both parties (§ 61.079(3)). Québec requires a marriage contract to be a notarial act en minute, on pain of absolute nullity (Civil Code of Québec, art. 440). Ontario makes a domestic contract unenforceable unless it is in writing, signed and witnessed (Family Law Act, s. 55(1)). Florida lets the couple choose the law that governs construction of the agreement (§ 61.079(4)(a)7.), so decide that clause first.

Three Formalities, One Document

  • Florida: a premarital agreement “must be in writing and signed by both parties,” and it takes effect on marriage. No witness or notary appears in the section. § 61.079(3), (5)
  • Québec: “Marriage contracts shall be established by a notarial act en minute, on pain of absolute nullity.” Civil Code of Québec, art. 440
  • Ontario: a domestic contract, and any agreement to amend or rescind one, is unenforceable unless made in writing, signed by the parties and witnessed. Family Law Act, R.S.O. 1990, c. F.3, s. 55(1)

The practical overlap: a Florida agreement that also waives rights at death must be signed by the waiving spouse before two subscribing witnesses (§ 732.702(1)). A signing held before two witnesses therefore meets the literal text of both Florida’s death-waiver rule and Ontario’s “witnessed” requirement. It does not turn a Florida agreement into a Québec notarial act.

What Each One Lets the Contract Cover

  • Florida lists eight permitted subjects, from property and spousal support to wills, life insurance and choice of law, plus a catch-all; the one subject off limits is a child’s right to support. § 61.079(4)(a)–(b)
  • Ontario permits agreement on property, support, the education and moral training of children and any other matter — but not decision-making responsibility or parenting time. Family Law Act, s. 52(1)
  • The matrimonial home is the sharpest contrast. In Ontario, a marriage-contract provision that purports to limit a spouse’s rights under Part II (Matrimonial Home) is unenforceable (s. 52(2)). Florida, by contrast, lets a spouse waive homestead rights at death by a witnessed waiver (§ 732.702(1)). A clause about the family home can be routine under one statute and ineffective under the other.

Which Law Governs — the Clause to Decide First

Florida expressly permits a premarital agreement to choose “the choice of law governing the construction of the agreement” (§ 61.079(4)(a)7.). Ontario’s own statute points in the same direction for form: the manner and formalities of a domestic contract, and its essential validity and effect, are governed by the proper law of the contract — while its rules on setting aside support waivers (s. 33(4)) and on setting aside provisions (s. 56) still apply in Ontario, and parenting provisions are not enforceable there (Family Law Act, s. 58).

Pazos Law Group advises on Florida law and does not give opinions on Canadian law. If the agreement may ever be enforced in Québec or Ontario, have counsel licensed there review it before the wedding, while the terms can still change — and write into the agreement which law the couple chose. For Canadian investors building a business here, our E-2 investor prenup page covers the treaty-visa side.

Signing a Québec Contract First, Then Marrying in Florida

Some couples sign the Québec notarial contract at home and ask for a Florida review before the ceremony. Three Florida points shape that review:

  1. Timing. Florida sets no signing deadline; timing bears on voluntariness instead (§ 61.079(7)(a)1.). A contract signed weeks before a Florida wedding is not late under Florida law.
  2. Death rights. If the couple may die domiciled in Florida, the waiver of elective share, homestead and the other rights listed in § 732.702(1) needs two subscribing witnesses. A separate Florida waiver signed that way can sit alongside the Québec contract.
  3. Disclosure. Florida’s unconscionability defense turns on fair and reasonable disclosure and on whether a party waived further disclosure in writing (§ 61.079(7)(a)3.). Attach the schedules, in a language both spouses read.

How a Florida court treats an agreement made elsewhere is covered on our page on foreign and out-of-state prenups in Florida.

Frequently Asked Questions

We are both Canadian citizens marrying in Miami. Can we sign a Florida prenup?

Yes. Section 61.079 applies to prospective spouses and asks only for a writing signed by both parties (§ 61.079(2)(a), (3)); citizenship is not a condition. The decision that matters most is the choice of law clause permitted by § 61.079(4)(a)7., because Québec (Civil Code art. 440) and Ontario (Family Law Act s. 55(1)) set stricter formalities than Florida for their own contracts.

Does our Florida prenup need witnesses because one of us is from Ontario?

Florida itself requires no witnesses for the agreement (§ 61.079(3)). Ontario’s Family Law Act s. 55(1) makes a domestic contract unenforceable unless it is witnessed, and Florida requires two subscribing witnesses for any waiver of rights at death (§ 732.702(1)). Signing before two witnesses meets the literal text of both; whether Ontario would enforce the contract is a question for Ontario counsel.

Is a Québec marriage contract signed before a notary valid in Florida?

A Québec notarial act is a written instrument, and Florida’s own formality is a writing signed by both parties (§ 61.079(3)). Whether a Florida court gives effect to a particular foreign agreement depends on its terms, the disclosure and how it was signed; our page on foreign prenups explains that analysis. For rights at death in Florida, § 732.702(1) requires a waiver signed before two subscribing witnesses.

Can our prenup deal with the family home if we might live in Ontario later?

Plan it with both statutes in view. Ontario’s Family Law Act s. 52(2) makes unenforceable a marriage-contract provision that purports to limit a spouse’s matrimonial-home rights under Part II. Florida lets a spouse waive homestead rights at death by a waiver signed before two subscribing witnesses (§ 732.702(1)). A clause built for one may not work under the other.

Can a Canadian marriage contract decide custody of future children?

Ontario’s Family Law Act s. 52(1)(c) permits agreement on the education and moral training of children but not on decision-making responsibility or parenting time, and s. 58 makes parenting provisions unenforceable in Ontario. In Florida, the premarital-agreement statute addresses children through one rule: a premarital agreement may not adversely affect a child’s right to support (§ 61.079(4)(b)).

Official Sources & Related Reading

The information on this page is for general informational purposes only and does not constitute legal advice, and it does not address the law of any state or country other than Florida except as expressly noted. Reading or sharing this content does not create an attorney-client relationship with Pazos Law Group. Florida law and the application of statutes change over time; please consult a licensed Florida attorney about your specific situation, and counsel licensed in any other state or country whose law may apply.