Pre-nuptial agreements for couples who want clearer financial rules before marriage

A pre-nuptial agreement, often called a marriage contract in Ontario, is a legally binding contract signed before marriage. Its purpose is to define the parties’ financial rights and obligations during the marriage and to set clearer rules about what happens if the relationship ends.

Why a marriage contract may be useful

Without a marriage contract, the default rules of the Ontario Family Law Act will generally apply. Those rules may not reflect the couple’s intentions, especially where there are:

• Significant pre-marital assets
• Second marriages
• Children from a prior relationship
• Expected inheritances or gifts
• Concerns about future spousal support exposure

Issues often addressed in a pre-nuptial agreement

These agreements commonly deal with:

• Property division and excluded assets
• Spousal support terms
• Treatment of the matrimonial home
• Allocation of debts before and during the marriage

For a pre-nuptial agreement to be enforceable, both parties should provide full financial disclosure and obtain independent legal advice from separate lawyers. Our office helps clients prepare tailored marriage contracts that bring greater clarity and protection before marriage.