Ontario Family Law

Prenups & Marriage Contracts

Clear terms today prevent conflict tomorrow. Fair, enforceable agreements that respect both partners.

Fast facts

Must be written, signed, and witnessed
Cannot predetermine child custody/parenting time
Often covers property, the home, and spousal support

The Law

The Law on Prenups and Marriage Contracts

Prenups and marriage contracts in Ontario are governed by the Family Law Act (Ontario), Part IV (Domestic Contracts).

What’s inside

Key Features

Formalities — Must be in writing and signed by both parties; witnessed by at least one person.

Scope — Can address property division, ownership of the matrimonial home, spousal support, and estate rights.

Limits — Cannot deal with custody or parenting time for children.

Best Interests Rule — Child issues are decided later based on the child’s best interests at the time of separation.

Reasons to consider

Why Enter into a Prenup?

Protect family wealth & business interests.

Clarify property ownership before or during marriage.

Reduce uncertainty and disputes on separation.

Provide financial transparency and security for both partners.

How it works

The Process

Full Financial Disclosure

Both partners exchange financial information (income, assets, debts, property). Lack of disclosure can later invalidate the agreement.

Independent Legal Advice

Each party retains their own lawyer. Agreements with ILA are far more likely to be upheld.

Drafting the Contract

Terms cover property division, the matrimonial home, spousal support, and related financial issues.

Execution

Both parties sign in front of a witness. Keep the original stored securely.

Answers

Frequently Asked Questions (FAQ)

1. Are prenups legally enforceable in Ontario?

Yes, if they meet legal requirements (written, signed, witnessed, with full disclosure and fairness). Courts may set aside unfair or improperly made agreements.

2. Do both parties need separate lawyers?

Strongly recommended. Independent legal advice protects both parties and increases the likelihood that the agreement will be upheld in court.

3. Can a prenup decide child custody or support?

No. Child-related issues cannot be predetermined. Courts decide these based on the child’s best interests at the time of separation.

4. Can we make an agreement after marriage?

Yes. It is called a marriage contract and works the same way as a prenup.

5. What happens if we don’t make a prenup?

Ontario’s Family Law Act equalization rules apply automatically, which may not reflect your wishes.

6. Can a prenup protect my family business or inheritance?

Yes. A prenup can specify that certain assets (like a business, inheritance, or property) remain your separate property upon separation.

Related service

Separation Agreement

A separation agreement is a legally binding contract between two partners who have decided to live apart. It sets out the terms of their separation — including parenting arrangements, child support, spousal support, and division of property.

Separation agreements give couples control over their settlement without the time, stress, and cost of litigation. At GC Legal Support, we help clients negotiate and draft clear, enforceable agreements that reflect their rights and obligations under Ontario law.