Marriage Contracts in Ontario: commit your heart, not your bank account
Marriage is a beautiful journey, a declaration of love, and a commitment to building a life together. Amidst the excitement of wedding planning and envisioning your "happily ever after," it might seem counterintuitive to think about a "marriage contract." However, preparing a marriage contract (often called a prenuptial agreement, or "prenup," for those getting married) in Ontario isn't about planning for divorce; it's about planning for clarity, security, and peace of mind within your marriage. It is about taking control over the terms of your relationship.
At Revive Law, we see marriage contracts as a proactive step for couples to define their financial future together, providing a foundation of understanding that can strengthen the relationship, not diminish it.
What is a Marriage Contract (Prenup) in Ontario?
In Ontario, a marriage contract is a legally binding agreement signed by two people who are married or planning to marry. It allows couples to set out their rights and obligations during the marriage and upon separation or death. This agreement can cover a wide range of issues, most notably:
Property Division: How, or if, assets (like homes, investments, businesses, and pensions) and debts acquired before and during the marriage will be divided.
Spousal Support: Whether spousal support will be paid, for how long, and in what amount, or if it will be waived entirely.
Other Matters: Can include inheritance, gifts, and even responsibilities within the marriage (though courts generally won't enforce personal duties).
Why Should You Prepare a Marriage Contract in Ontario?
First, because the government has already established the rules for your romantic relationship (a.k.a. marriage) through the Family Law Act (for property and support issues) and the Divorce Act (for support issues between married spouses). Not preparing a marriage contract is, in other words, to accept the terms imposed by legislation. Preparing this binding document means you and your spouse are taking ownership of the rules guiding your relationship.
Second, while not the most romantic part of wedding planning, a marriage contract offers significant benefits:
Clarity & Communication:
The process of creating a marriage contract forces open and honest discussions about finances, expectations, and future goals. This enhanced communication can build a stronger foundation for your relationship.
Protecting Pre-Marital Assets:
If you're bringing significant assets (e.g., a family business, an inheritance, a home owned solely by you) into the marriage, a contract gives you the best chance to fully protect these assets. Without a contract, you will most likely have to divide the appreciation value of these, as well as any income earned from them.
Preserving Inheritances & Gifts:
It allows you to protect future inheritances or gifts received from third parties, ensuring they remain solely yours, rather than potentially becoming subject to equalization.
Protecting Children from Previous Relationships:
If you have children from a previous relationship, a marriage contract can ensure specific assets are designated for them upon your death, securing their financial future.
Avoiding Future Conflict:
By proactively addressing potential financial issues when you are in a loving, cooperative mindset, you can prevent costly and emotionally draining disputes should your relationship unfortunately end. It removes ambiguity.
Defining Spousal Support Terms:
The contract can specify conditions for spousal support, offering predictability and potentially waiving it entirely, which can be particularly relevant in second marriages or when both partners are financially independent.
Peace of Mind:
Knowing that your financial future is clearly defined, regardless of what happens, can provide immense peace of mind for both partners, allowing you to focus on the joys of your marriage.
Important Considerations for Ontario Marriage Contracts:
For a marriage contract to be legally valid and enforceable in Ontario, it must:
- Be in writing and signed by both parties.
- Be witnessed.
- Each party should receive Independent Legal Advice (ILA) from their own lawyer, ensuring they fully understand their rights and obligations, and that the agreement is fair and entered into voluntarily. While this is not a legal requirement, it is highly advisable as it protects the enforceability of the contract.
- Include full financial disclosure from both parties.
Without these critical elements, a court may set aside the agreement.
Protect Your Future with Clarity
A marriage contract isn't a sign of mistrust; it's a testament to responsible planning and clear communication within your relationship. It’s an investment in your peace of mind and a thoughtful way to protect your financial future, allowing you to focus on building a strong and lasting marriage.
At Revive Law, we guide clients through the process of creating comprehensive and fair marriage contracts, ensuring your agreement reflects your intentions and provides lasting clarity.
Planning your future together? Let's discuss how a marriage contract can provide peace of mind. Contact Revive Law today for a confidential consultation.
About Revive Law – Family Law, Collaborative Divorce, and Mediation
We understand that legal challenges such as divorce, parenting arrangements, or marriage contracts (“prenuptial agreements”) are never just "legal matters"—they are profound human experiences filled with stories, emotion and uncertainty. With this understanding, lawyer and mediator Camila Motta founded Revive Law Professional Corporation to provide a better path forward for their clients’ new beginnings.
Revive Law is more than a traditional law office. It is a supportive, structured space designed to help individuals and families navigate delicate transitions with confidence, empowerment, and respect.
We specialize in Family Law, Mediation, and Collaborative Divorce, prioritizing out-of-court solutions that reduce emotional strain, preserve relationships, and promote autonomy. Our approach combines legal competence with empathy and active listening, recognizing that every case involves real people and real stories.
With an international and diverse background, Camila is known by clients for her discretion, steadiness, and human-centered approach. Our work is grounded in three core pillars:
Trust: Transparent guidance that brings safety.
Structure: Clarity that supports informed decisions.
Dialogue: Communication that opens healthier paths forward.
Whether you are navigating a separation, divorce, discussing parental responsibilities, preparing a cohabitation agreement or marriage contract, or seeking preventive guidance through Wills and Powers of Attorney, Revive Law is here to support you. Our purpose is to help you move through change with respect, clarity, and emotional intelligence.
What exactly is a "marriage contract" (prenup) in Ontario?
In Ontario, a marriage contract is a legally binding agreement between two individuals who are married or planning to marry. It allows them to define their rights and obligations during the marriage and upon separation or death, particularly concerning property division and spousal support. It's often referred to as a "prenup" (prenuptial agreement) if signed before marriage. However, it can be signed anytime after the marriage.
Is a marriage contract only for wealthy people?
Not at all! While often associated with high net worth individuals, marriage contracts are beneficial for anyone who wants clarity and protection regarding their finances. This includes those with existing assets (like a home, business, or inheritance), those with children from a previous relationship, or even couples starting out who want to outline how they'll manage finances in their new life together. After all, if you don't have much to share and what you have was earned through hard work, you have even more reason to protect your assets and income.
Does signing a marriage contract mean we're planning for divorce?
No, quite the opposite. Preparing a marriage contract is a proactive measure that fosters open communication about finances and expectations within your relationship. It provides a foundation of understanding and security, which can actually strengthen a marriage by removing potential sources of future conflict and providing peace of mind. It opens the door for meaningful and important conversations that many couples will never have. It ensures you and your partner discuss finances and plan a financial future together.
Can a marriage contract cover anything we want?
Marriage contracts can cover a wide range of issues related to property, debts, and spousal support during the marriage and upon separation or death. However, they generally cannot dictate matters related to parenting decisions (“child custody”), parenting time (“access”, visitation), or possession of the matrimonial home, as the law gives this special protection.
Do we need lawyers to prepare a marriage contract?
It is not a legal requirement, but highly advisable that a lawyer prepares the contract. A contract not prepared by a lawyer may include terms that are not appropriate and may not foresee important situations to protect your assets and income. It is also critically important that both parties obtain Independent Legal Advice (ILA) from their own separate lawyers before signing a marriage contract. This ensures that each person fully understands their rights, the terms of the agreement, and that they are signing it voluntarily and without coercion. Without ILA, a court can easily set aside the contract.
What happens if we don't have a marriage contract and we separate?
Without a marriage contract, the division of property and entitlement to spousal support upon separation in Ontario will be determined by the provisions of the Divorce Act and/or Family Law Act. This typically involves an equalization of net family property, which aims to equally share the wealth accumulated during the marriage, and an assessment of spousal support based on various factors. A contract allows you to modify these statutory default rules. More importantly, the discussion and preparation of the contract will inform you about these rules so you properly set your expectations during the relationship.
Can we change a marriage contract after it's signed?
Yes, a marriage contract can be amended or set aside, but only through a new written agreement signed by both parties, and again, ideally with Independent Legal Advice. It cannot be unilaterally changed by one person. A court can also set aside a contract in certain circumstances (e.g., if there wasn't full financial disclosure, ILA, or if it's unconscionable).
How long does it take to prepare a marriage contract?
The timeline can vary depending on the complexity of your financial situation, how quickly both parties provide financial disclosure, and how smoothly negotiations proceed. It's best to start the process well in advance of your wedding date to avoid last-minute stress. You should not sign a marriage contract in the 30 days before the marriage as it can compromise its validity.
