Why a Marriage Contract Matters
In Ontario, marriage automatically triggers the equalization of net family property under the Family Law Act. Without an agreement, the law decides how assets divide if the relationship ends — regardless of what you both intended. A marriage contract sets your own terms, in advance.
Pre-existing Assets
Protect property, savings, or a business you brought into the relationship.
Family Inheritances
Keep inherited property or family wealth separate from the equalization calculation.
Spousal Support
Address support obligations in advance, on terms you both agree to.
Agreements We Prepare
Marriage Contracts (Prenuptial Agreements)
Signed before or during marriage, a marriage contract under Part IV of the Family Law Act can address ownership and division of property and spousal support. It must be in writing, signed, and witnessed, with honest financial disclosure from both parties.
Postnuptial Agreements
Already married? Ontario law treats a marriage contract signed after the wedding the same as one signed before it. Couples often put a postnup in place after a significant change — starting a business, receiving an inheritance, or relocating to Ontario.
Cohabitation Agreements
Common-law partners are not subject to automatic property equalization, but claims such as unjust enrichment can still arise, and support obligations can apply. A cohabitation agreement defines property and support terms — and if you later marry, it can continue as your marriage contract.
Independent Legal Advice (ILA)
Received a draft agreement from your partner's lawyer? Each party must have their own lawyer for the agreement to be reliable. We review the agreement with you, explain your rights and what you are giving up, and provide a certificate of independent legal advice.
Fees
| Service | Fee |
|---|---|
| Marriage contract / prenuptial agreement — draft and advise one party (flat fee, straightforward matters) | From $2,000 + HST |
| Cohabitation agreement — draft and advise one party | From $2,000 + HST |
| Independent legal advice on a domestic contract, with certificate | From $750 + HST |
| Complex asset structures, billed on a time basis | $300/hr + HST |
Timing Matters
An agreement signed days before a wedding invites a later argument that it was signed under pressure. Start the process early — ideally months before the wedding — so both parties have time for financial disclosure, negotiation, and independent legal advice without deadline pressure.