A marriage contract provides clarity and financial security by addressing important issues such as:

• Division of Property – Outlining how assets and debts will be divided in case of separation.

• Spousal Support – Establishing financial arrangements for one spouse if the marriage ends.

• Matrimonial Home – Determining rights to ownership, possession, or sale of the shared home.

• Protection of Assets – Safeguarding business interests, inheritances, or family wealth.

• Debt Responsibility – Clarifying who is responsible for specific debts.

Any couple who is legally married or planning to marry can enter into a marriage contract. The agreement must be:

• Voluntary – Both parties must enter into the contract willingly, without coercion.

• Fair and Reasonable – The terms should be just and not overly one-sided.

• Legally Sound – The contract must comply with Ontario family law and be properly executed.

1. Consultation with a Lawyer – Each spouse should seek independent legal advice.

2. Full Financial Disclosure – Both parties must disclose all assets, liabilities, and income.

3. Negotiation and Drafting – The agreement is drafted to reflect the couple’s wishes.

4. Review and Signing – Once both parties agree to the terms, the contract is signed and legally binding.

Yes, a marriage contract may be challenged in the court if:

• One party did not have independent legal advice.

• There was incomplete or inaccurate financial disclosure.

• The agreement was signed under duress or coercion.

• The terms are grossly unfair or against public policy.