Family Law · Marriage Contracts · Ontario

Marriage Contract
Ontario.

In Ontario, the legal term for a prenuptial or postnuptial agreement is a "marriage contract" under the Family Law Act. Solvine Law prepares marriage contracts that are clear, fair, and built to last.

Book a Free Consult All Services

What Is a Marriage Contract in Ontario?

Under Ontario's Family Law Act, a marriage contract is the formal legal term for what most people call a prenuptial agreement, pre-nup, postnuptial agreement, or antenuptial agreement. Section 52 of the Family Law Act expressly authorizes two people who are married to each other or who intend to marry to enter into a marriage contract governing their financial affairs and property.

A marriage contract is one of three types of domestic contracts recognized by the Family Law Act — along with cohabitation agreements and separation agreements. All three are legally binding contracts that modify or define the rights and obligations that would otherwise apply under Ontario law.

Whether you are planning ahead before your wedding or addressing financial matters within an existing marriage, a marriage contract from Solvine Law provides legally enforceable terms that both parties have agreed to, understood, and chosen.

What Can an Ontario Marriage Contract Cover?

Section 52(1) of the Family Law Act sets out the matters a marriage contract can address. These include:

  • Ownership and division of property: How specific assets will be owned, treated for equalization purposes, or divided on separation or death
  • Support obligations: Whether spousal support will be paid, in what amount, and for how long — including an outright waiver of support rights by either or both parties
  • The right to direct the education and moral training of children (but not decision-making or parenting time — these must be resolved at the time of separation)
  • Any other matter in the settlement of their affairs

Common uses of marriage contracts in Ontario include:

  • Excluding pre-marriage assets or inheritances from equalization
  • Protecting a family business, professional practice, or investment portfolio
  • Specifying spousal support arrangements or waivers
  • Defining how a jointly-owned home will be treated on separation
  • Aligning with estate plans to protect children from a prior relationship

What a Marriage Contract Cannot Cover

Ontario law places certain limits on what a marriage contract can address. These limits exist to protect vulnerable parties — particularly children — from agreements made before those vulnerabilities arise.

A marriage contract cannot:

  • Affect the right to possession of a matrimonial home during the marriage or on separation (with limited exceptions)
  • Limit a spouse's rights with respect to the matrimonial home on separation without that spouse's consent at the time of separation
  • Include provisions purporting to deal with custody or access to children — these matters must be determined at the time of separation based on the children's best interests

The matrimonial home provisions of the Family Law Act are particularly nuanced. Solvine Law will advise you specifically on what is and is not possible with respect to the family home in your marriage contract, so that the agreement you sign reflects both your intentions and the law.

How Ontario Courts Evaluate Marriage Contracts

Ontario courts have the power to set aside all or part of a marriage contract under certain circumstances. The grounds for setting aside a domestic contract are found in section 56 of the Family Law Act and include:

  • A party failed to disclose significant assets or debts before signing
  • A party did not understand the nature or consequences of the contract
  • The contract was entered into under duress, fraud, or undue influence
  • The contract is unconscionable — so one-sided that enforcing it would shock the conscience of the court

Courts also apply section 33(4), which allows them to disregard a spousal support waiver in a marriage contract if it would result in one party qualifying for social assistance.

The best protection against a successful challenge is the process: full financial disclosure, independent legal advice for both parties, and adequate time for review. Solvine Law incorporates all of these safeguards into every marriage contract we prepare.

Marriage Contract vs. Cohabitation Agreement vs. Separation Agreement

These three domestic contracts are often confused. Here is a clear summary of each:

  • Marriage contract: Entered by two people who are married or intending to marry. Deals with financial and property matters during the marriage and on its potential end. This is the legal term for both prenuptial and postnuptial agreements in Ontario.
  • Cohabitation agreement: Entered by two people who are living together or intending to live together without marrying. Deals with the same financial and property matters as a marriage contract but for common-law couples. Can be drafted to automatically become a marriage contract upon marriage.
  • Separation agreement: Entered by spouses or common-law partners who have separated. Deals with the specific resolution of property division, support, and parenting matters arising from the separation.

Solvine Law prepares all three types of domestic contracts. If you are unsure which applies to your situation, contact us — we will clarify in minutes.

The Marriage Contract Process at Solvine Law

Solvine Law prepares marriage contracts efficiently and entirely virtually. Our flat-fee approach means you know your costs upfront with no billing surprises.

  1. Consultation: We discuss your circumstances, financial situation, and what you want the contract to achieve.
  2. Financial disclosure: Both parties prepare and exchange a summary of their assets, debts, and income. Complete disclosure is essential.
  3. Drafting: We prepare a comprehensive draft contract tailored to your situation.
  4. Review and revision: You review the draft and request any changes. We finalize the agreement to your satisfaction.
  5. Independent legal advice: Each party reviews the final contract with their own separate lawyer. Solvine Law provides this for one party.
  6. Execution: Both parties sign in the presence of witnesses.

We serve clients across all of Ontario — Toronto, Ottawa, Hamilton, London, Sudbury, Thunder Bay, and everywhere in between. The entire process is handled by video call and email.

Frequently Asked Questions

Common questions
answered.

Is a marriage contract the same as a prenuptial agreement in Ontario?

Yes. Under Ontario's Family Law Act, "marriage contract" is the formal legal term. Prenuptial agreement, pre-nup, postnuptial agreement, and antenuptial agreement all refer to types of marriage contracts. They are the same legal instrument.

Can a marriage contract be modified after it is signed?

Yes — a marriage contract can be amended at any time by mutual written agreement, signed by both parties with proper independent legal advice. Life changes, and your contract can be updated to reflect new circumstances.

Is a marriage contract from another province or country valid in Ontario?

Foreign contracts may be recognized in Ontario to a degree, but their enforceability under Ontario law is not guaranteed. If you have a contract from another jurisdiction and have moved to Ontario, Solvine Law can review it and advise you on its status.

How long does a marriage contract take to prepare?

Most marriage contracts are completed within two to four weeks of our initial consultation. The timeline depends on the complexity of the issues and how quickly both parties can complete financial disclosure.

Do we both need separate lawyers to sign a marriage contract?

While not strictly mandatory by law, both parties should have independent legal advice for the agreement to have the strongest legal foundation. Solvine Law represents one party; the other must retain separate counsel.

What is the flat fee for a marriage contract at Solvine Law?

Solvine Law charges a flat fee based on the complexity of your situation. Contact us for a specific quote. There are no hourly rates and no billing surprises.

Related Services
Prenuptial Agreement Ontario → Postnuptial Agreement Ontario → Cohabitation Agreement Ontario → Separation Agreement Ontario → ILA for Domestic Contracts →

Your marriage contract,
done right.

Book a virtual consultation with Solvine Law. Flat fees. Fast turnaround. All of Ontario.

Book a Free Consult →