Marriage Contract

What is a Marriage Contract?

A Marriage Contract (aka a Prenuptial Agreement) is a domestic contract entered into between married parties or parties who intend to marry. Similar to a Cohabitation Agreement, this contract seeks to govern the financial arrangements and other issues should the marriage ever come to an end.

Our team has extensive experience in negotiating and drafting any type of domestic contract required.

In Ontario, domestic contracts are governed by Part IV of the Family Law Act.

Pursuant to section 55 of the Family Law Act, a Marriage Contract is considered a legally binding contract if it is signed by both parties and in the presence of witnesses who have also signed the agreement. The Agreement must also be dated.

Pursuant to section 56(4) of the Family Law Act, a Marriage Contract (or a portion of it) may be set aside:

(a) if a party failed to disclose to the other significant assets, or significant debts or other liabilities, existing when the domestic contract was made;
(b) if a party did not understand the nature or consequences of the domestic contract; or
(c) otherwise in accordance with the law of contract.

While it is not a requirement that your Marriage Contract be drafted by a lawyer and you can draft your own Agreement, you do so very much at your own risk. A better path would be to schedule a consultation with one of our experienced lawyers so that we can draft the Contract for you.