Marriage Contract Law
You may know Ontario’s marriage contract under a different name: “The prenuptial agreement.” That term is essentially describing a very similar contract, but in Ontario, it’s referred to as a marriage contract.
Burlington, Oakville, Milton and Mississauga are all governed by Ontario’s family laws. These laws state that you can sign a marriage contract before or during a legal marriage, however, we highly recommend that you do so before you’re married. We also recommend that you entrust your marriage contract to a family law firm that specializes in this area.
Your marriage contract can:
- List property that you are bringing into the marriage and determine how much it is worth and who owns it
- Determine exactly how you will divide your property if your marriage ends (You do not have to divide your property equally)
- Plan how spousal support payments will be made if your marriage ends.
- Formally decide on the education and religious upbringing of your children, before they are born.
- However, your marriage contract cannot pre-determine:
- Child support
- Child custody
- Visitation rights
You may also want to speak with a family lawyer if you need to fight a particular part of an existing marriage contract. It’s possible that a spouse didn’t fully disclose assets or income, didn’t understand the consequences of the contract or that the contract was entered into as a result of undue influence, mistake or fraud.
Many people see this process as unpleasant or “a bad sign,” while others see it as prudent and essential. We’ve dealt with countless couples that have held these differing views, but still worked with them to create a fair and comprehensive marriage contract.
If you need a marriage contract for any reason and want to speak with a specialized family law firm, don’t hesitate to contact any of our offices in Burlington, Oakville, Milton and Mississauga.