What is a Marriage Contract and Who Needs One in Ontario?

Marriage Contracts

When Can You Create a Marriage Contract?

Before Marriage (Prenuptial Agreement)

A prenuptial agreement is a type of marriage contract that is signed before a couple gets married. In Ontario, this type of agreement allows partners to decide in advance how to divide property, debts, and other financial matters in the event of separation or divorce.

Why Consider a Prenuptial Agreement?

  • Protect Individual Assets: If one partner has significant assets (e.g., real estate, investments, a business), a prenup can help protect these assets.
  • Clarify Financial Roles: A prenup sets clear expectations about financial responsibilities during the marriage.

The Benefits of Having a Marriage Contract in Ontario

Benefits of a Marriage Contract in Ontario

What is a Marriage Contract?

Definition and Legal Basis under the Ontario Family Law Act

A marriage contract is a legally binding agreement between two spouses, often signed before or during marriage, that outlines how financial matters will be managed during the marriage and in the event of a separation or divorce. In Ontario, marriage contracts are governed by Part IV of the Family Law Act. This legislation provides the framework for family law matters, including spousal rights and obligations.