A prenuptial agreement (legally known as a marriage contract under Part IV of the Ontario Family Law Act) is a binding legal contract entered into prior to marriage. It allows couples to customize how financial issues, property, and support obligations will be handled if the relationship ends. Rather than relying on default statutory rules, a marriage contract defines separate versus shared property, clarifies liability for pre-marital debts, specifies or limits spousal support, and establishes rules for the matrimonial home—making it especially valuable for business owners, individuals entering second marriages, or couples with pre-marital assets and inheritances.
Unmarried couples enter into a Cohabitation Agreement. Under the Ontario Family Law Act, if an unmarried couple subsequently marries, their valid cohabitation agreement automatically converts into a binding marriage contract unless the agreement explicitly states otherwise.
Yes. A marriage contract can be modified or revoked at any time during marriage by executing a formal written Amending Agreement. Like the original contract, amendments require full financial disclosure, witnessed signatures, and independent legal advice for both spouses.
No. Under Part IV of the Ontario Family Law Act, any clause in a domestic contract that attempts to limit or restrict child support, decision-making responsibility, or parenting time is legally unenforceable. Child support obligations and parenting arrangements are determined strictly based on the best interests of the child at the time of separation.
No—Ontario's no-fault system ignores marital misconduct for property/support; prenups focus purely on financial arrangements.
Under Ontario's Family Law Act, marital fault—including adultery—has no legal impact on property division, equalization, or the enforceability of a marriage contract. Courts determine validity strictly based on contract principles, full financial disclosure, and absence of duress, regardless of the reasons for separation.
Both spouses must provide full and transparent financial disclosure of all significant assets, debts, liabilities, and income sources (typically documented on a Form 13.1 Financial Statement accompanied by recent tax returns and valuations). Under Section 56(3) of the Family Law Act, failing to disclose significant assets or debts at the time of signing is a primary reason Ontario courts set aside a marriage contract.
Yes—A marriage contract can explicitly exclude pre-marital retirement savings, LIRAs, RRSPs, and defined-benefit pension growth accumulated prior to or during marriage from Net Family Property (NFP) equalization calculations.
Yes—Under Section 52(2) of the Ontario Family Law Act, a marriage contract cannot alter or restrict either spouse's equal right to possession of the matrimonial home during marriage. However, it can govern how the financial equity and proceeds from the home are divided upon separation.
YES - A prenup can exclude corporate shares, business holdings, and future growth in business valuation from equalization, preventing a forced sale or equity transfer of a family-owned company during separation.
No—prenuptial agreements Ontario remain completely private between the couple and their lawyers. Unlike court orders or divorce judgments, marriage contracts aren't filed publicly or accessible through government databases, maintaining full confidentiality for Ajax, Whitby, Oshawa couples protecting sensitive financial details like business valuations or inheritance plans.
A marriage contract should be reviewed about every 5 to 7 years, or whenever major life milestones occur—such as the birth of children, buying significant real estate, starting a new business, or a substantial change in financial circumstances.