Yukon couples increasingly add sunset clauses to marriage contracts so a prenup automatically expires after a defined period — often 5, 10, or 15 years of marriage. Under the Family Property and Support Act, RSY 2002, c 83, a marriage contract may set its own duration and termination terms. This guide explains how sunset clauses work, when Yukon courts enforce them, and how a properly drafted expiry clause interacts with the territory's equal division of family assets and the federal Divorce Act.
A sunset clause prenup in Yukon is enforceable when both spouses sign voluntarily, exchange full financial disclosure, and ideally each obtain independent legal advice. When the clause's trigger date passes, the agreement ends and the default statutory rules under the Family Property and Support Act apply to any later separation — meaning family assets are divided equally and spousal support is determined under the Divorce Act, R.S.C. 1985, c. 3.
Key Facts: Sunset Clause Prenups in Yukon
| Item | Detail |
|---|---|
| Governing statute | Family Property and Support Act, RSY 2002, c 83 |
| Federal law (divorce/support) | Divorce Act, R.S.C. 1985, c. 3 |
| Filing fee (divorce) | $180 at Supreme Court of Yukon (as of April 2026; verify with the Registry) |
| Waiting period | 1-year separation for no-fault divorce |
| Residency requirement | 1 year ordinarily resident in Yukon before filing |
| Property division type | Equal division (50/50) of family assets |
| Sunset clause permitted | Yes — a marriage contract may set its own expiry term |
| Written/witnessed | Required: in writing, signed, and witnessed |
What Is a Sunset Clause in a Yukon Prenup?
A sunset clause is a provision in a prenuptial agreement that causes the entire agreement — or specific terms within it — to expire automatically after a defined event, usually a number of years of marriage. In Yukon, a marriage contract is governed by the Family Property and Support Act, RSY 2002, c 83, which permits spouses to agree on their rights and obligations and to set the contract's own terms, including when it ends. A typical Yukon sunset clause states the prenup terminates after 10 or 15 years of marriage, after which equal division of family assets applies.
When the sunset date passes, the prenup stops governing the couple's property and support arrangements. From that point forward, any separation is resolved under the default statutory framework: family assets are divided equally between spouses, and spousal support is assessed under the Divorce Act. Couples use sunset clauses to protect pre-marriage assets during the early, higher-risk years of a marriage while allowing the relationship to "vest" into full statutory sharing once the marriage proves durable. The clause must be drafted with precise language identifying the trigger and the consequence to be enforceable.
How the Family Property and Support Act Governs Marriage Contracts
The Family Property and Support Act, RSY 2002, c 83, defines a marriage contract as an agreement between two persons entered into before marriage, or during marriage while cohabiting, in which they settle their respective rights and obligations — including ownership and division of property, support obligations, and other affairs. Yukon updated this definition from the original gender-specific "man and a woman" language to the gender-neutral "two persons." A marriage contract is one type of "domestic contract" under the Act, alongside cohabitation agreements and separation agreements.
The Act gives a valid marriage contract priority over the default statutory rules. Under RSY 2002, c 83, where a marriage contract makes provision for a matter that the Act also addresses, the contract prevails — except as otherwise provided by the Act. This means a properly drafted prenup with a sunset clause overrides the standard equal-division rule until the clause expires. The contract also lets spouses agree that specific property is excluded from family assets. To carry this legal weight, however, the marriage contract must satisfy the Act's formal requirements and survive any challenge under the statute's setting-aside provisions.
Are Sunset Clauses Enforceable in Yukon?
Sunset clauses are enforceable in Yukon when the marriage contract meets the formal and substantive requirements of the Family Property and Support Act, RSY 2002, c 83. The agreement must be in writing, signed by both spouses, and witnessed. Beyond formalities, Yukon courts examine whether each spouse entered the contract voluntarily, with full financial disclosure and a genuine understanding of its terms. A sunset clause is simply a term of the contract — if the contract is valid, the expiry term is valid.
Three statutory safeguards can defeat enforceability. First, undue influence: under the Act, if a court finds a spouse secured agreement to a provision through undue influence, the court may decline to give effect to that provision. Second, non-disclosure: courts may set a contract aside under section 43 — and the broader domestic-contract framework — where a party failed to disclose significant assets or debts existing when the agreement was made. Third, protected rights cannot be waived: any provision purporting to limit a spouse's rights to the family home (Part 2) is void, and any clause attempting to oust the court's jurisdiction to apply the Act is void. The burden of proof rests on the spouse seeking to set the agreement aside.
Why Couples Choose Sunset Clauses (and the Risks)
Couples in Yukon choose sunset clauses to balance asset protection with relationship fairness, typically setting expiry at 5, 10, or 15 years of marriage. The clause shields pre-marriage property — a business, inheritance, or real estate brought into the marriage — during the early years, then dissolves so the spouses share equally as long-term partners. This structure appeals to spouses who want protection without permanently opting out of Yukon's equal-division regime, which divides family assets 50/50 on marriage breakdown.
The primary risk is the financial cliff at the expiry date. The day after a 10-year sunset clause lapses, a spouse who entered the marriage with substantial separate property may lose the protection entirely, exposing those assets to equal division. A spouse whose financial position changed dramatically — for example, building a business during the marriage — could face an outcome neither party anticipated when signing. A second risk is drafting ambiguity: if the clause does not clearly state the trigger date and what happens to assets accumulated before expiry, litigation can follow. Couples should pair any sunset clause with a review provision requiring the spouses to revisit and, if needed, renegotiate the agreement before the expiry date arrives.
Sunset Clause Structures Compared
Yukon prenups use several sunset clause designs, each with different consequences for property and support. The table below compares the most common structures and their typical effect when the trigger occurs. The right choice depends on the assets being protected, the couple's plans for children, and how much certainty each spouse needs.
| Sunset Structure | How It Works | Effect at Trigger |
|---|---|---|
| Full expiry | Entire prenup ends after set years (e.g., 10) | Equal division of family assets applies; support under Divorce Act |
| Partial expiry | Only certain terms expire (e.g., support waiver) | Property terms survive; support reverts to statutory rules |
| Graduated/phased | Protected share shrinks over time (e.g., 10% per year) | Separate property gradually converts to shared family assets |
| Event-triggered | Expiry tied to event (e.g., birth of a child) | Terms end when the named event occurs, not a fixed date |
| Review-and-renew | Agreement requires renegotiation at intervals | Lapses unless spouses re-execute the contract |
Property Division After a Sunset Clause Expires
Once a sunset clause expires, Yukon's default property rules apply, meaning family assets are divided equally (50/50) between the spouses under the Family Property and Support Act, RSY 2002, c 83. "Family assets" generally include property ordinarily used or enjoyed by the family — the family home, vehicles, household goods, savings, and pensions accumulated during the marriage. After expiry, assets the prenup once shielded may fall into this shared pool, depending on how the clause and the contract defined excluded property.
The family home receives special statutory protection that a prenup cannot override. Under the Act, any provision in a marriage contract purporting to limit a spouse's Part 2 rights to the family home is void — this protection exists whether or not a sunset clause is present. This means even during the prenup's active term, a Yukon spouse retains family-home rights. Couples relying on a sunset clause to protect a residence should understand that the home is treated differently from other assets, and a clause attempting to exclude it from a spouse's possessory rights will not be enforced by the Supreme Court of Yukon.
Spousal Support and Sunset Clauses
Spousal support in Yukon is determined under the federal Divorce Act, R.S.C. 1985, c. 3, for married spouses, alongside the Family Property and Support Act for support more broadly. A prenup may waive or limit spousal support, and a sunset clause can cause that waiver to expire after a set period. However, Yukon law allows courts to override a support waiver where enforcing it would cause undue hardship or injustice — even when the waiver was properly executed with legal advice.
This means a support sunset clause carries less certainty than a property sunset clause. If a prenup waives support for the first 10 years and then sunsets, the waiver's enforceability during those years is still subject to judicial review for hardship. After expiry, support is assessed under the standard framework: the court considers each spouse's means, needs, the length of the marriage, and the roles assumed during the relationship. A spouse who sacrificed career earnings to care for children may receive support after a support waiver expires, regardless of the original prenup terms. Couples should not assume a support sunset clause guarantees either protection or entitlement.
Drafting and Executing a Valid Sunset Clause in Yukon
A valid Yukon sunset clause prenup must be in writing, signed by both spouses, and witnessed, as required by the Family Property and Support Act, RSY 2002, c 83. Beyond these formalities, three practices substantially strengthen enforceability and reduce the risk of a later challenge. First, full financial disclosure: each spouse should exchange a complete statement of assets, debts, and income before signing, because non-disclosure of significant assets or debts is a recognized ground to set the contract aside under section 43.
Second, independent legal advice: while not strictly mandatory, Yukon courts are reluctant to interfere with an agreement where both parties had separate lawyers and negotiated fairly. Each spouse retaining their own counsel creates a strong record of informed, voluntary consent. Third, timing: the contract should be signed well before the wedding — signing under time pressure days before the ceremony can support a claim of duress or undue influence. The sunset clause itself must state the precise trigger (a fixed number of married years or a named event) and the exact consequence (which terms end and what happens to assets accumulated before and after the trigger). Vague drafting invites litigation; precise drafting makes the clause self-executing.
Filing for Divorce in Yukon When a Prenup Has Expired
When spouses divorce in Yukon after a sunset clause has expired, the divorce itself proceeds under the federal Divorce Act, while property is divided under the Family Property and Support Act. To file, at least one spouse must have been ordinarily resident in Yukon for at least one year immediately before commencing the proceeding, per the Divorce Act, R.S.C. 1985, c. 3, s. 3(1). The application is filed with the Supreme Court of Yukon in Whitehorse, the only court with jurisdiction to grant a divorce in the territory.
The filing fee is $180 as of April 2026 — verify the current amount with the Supreme Court of Yukon Registry before filing, as fees can change. For a no-fault divorce, spouses must show a one-year separation. The primary form is the Statement of Claim (Family Law – Divorce), Form 91A under Supreme Court Rule 63; depending on circumstances, a Financial Statement, child support affidavit, and affidavit for the divorce order may also be required. Where minor children are involved, parenting arrangements and decision-making responsibility are determined under the Divorce Act using the best-interests-of-the-child test. The Yukon Family Law Information Centre offers free assistance to self-represented parties.