Understanding Marriage Contracts in Ontario: What Couples Need to Know

 

Marriage is not just a union of hearts — it’s also a legal partnership. While no one enters marriage expecting it to end, it’s wise to plan for the future with clear understanding and mutual respect. That’s where a marriage contract — also known as a prenuptial agreement — comes in.

At Ramachandran Law, we help couples throughout Ontario create fair, legally sound marriage contracts that protect both parties and set the foundation for a secure financial future. Whether you’re engaged, already married, or in a common-law relationship, understanding how a marriage contract works can save you stress, confusion, and legal complications down the road.

What is a marriage contract?

A marriage contract is a written legal agreement between two people who are married or planning to marry. It outlines how certain matters — such as property division, spousal support, or debt responsibility — will be handled if the marriage ends, either by separation or death.

In Ontario, marriage contracts are governed by the Family Law Act and must meet specific legal criteria to be valid and enforceable.

Why would couples consider a marriage contract?

Some people think marriage contracts are only for the wealthy. In reality, couples of all income levels can benefit. Reasons to consider one include:

• Protecting assets acquired before marriage (e.g., a home, inheritance, or investments)
• Clarifying ownership of property acquired during the marriage
• Managing debt responsibility to avoid financial surprises
• Setting expectations for spousal support if the relationship ends
• Providing for children from a previous relationship
• Avoiding lengthy legal disputes in case of divorce or separation

Having these terms in writing offers peace of mind for both partners.

What can and cannot be included in a marriage contract?

Marriage contracts can include:

• Division of property and assets
• Responsibility for debts and liabilities
• Terms for spousal support
• Business ownership arrangements
• Specific financial obligations during the marriage

Marriage contracts cannot include:

• Child custody or child support agreements (these must follow Ontario family law)
• Provisions that promote separation or penalize a spouse for ending the marriage
• Unfair or illegal terms

A well-drafted contract must be based on full financial disclosure and informed, voluntary consent from both parties. Courts can set aside contracts that are grossly unfair or signed under pressure.

Do common-law couples need a marriage contract?

In Ontario, common-law couples (those who have lived together for at least three years or have a child together and live in a relationship of some permanence) do not have the same automatic property rights as married spouses. That’s why a cohabitation agreement, which serves a similar purpose as a marriage contract, can be especially important for common-law partners.

If a common-law couple later marries, their cohabitation agreement automatically becomes a marriage contract unless otherwise stated.

When should a marriage contract be signed?

The ideal time to discuss and sign a marriage contract is well before the wedding date. Waiting until the last minute can raise questions about whether both parties truly entered the agreement voluntarily.

That said, a marriage contract can also be signed after the wedding. In this case, it’s still legally valid but may require additional legal scrutiny to ensure both parties understood their rights at the time of signing.

Why legal advice is essential

Marriage contracts involve complex legal and emotional factors. Each spouse should receive independent legal advice before signing to ensure the agreement is fair and enforceable. Without proper guidance, there’s a higher risk of the contract being challenged in court later.

At Ramachandran Law, we provide personalized legal support to:

• Draft and review marriage contracts
• Facilitate open, respectful discussions between partners
• Ensure full financial disclosure is made
• Help clients understand their rights and obligations under Ontario law

Conclusion

A marriage contract isn’t about planning for failure — it’s about entering into a lifelong commitment with clarity, respect, and mutual understanding. By creating a legally sound agreement, couples can protect their future, reduce conflict, and strengthen trust.

If you’re considering a marriage contract or cohabitation agreement in Ontario, the team at Ramachandran Law is here to help. We offer thoughtful, professional legal advice tailored to your unique situation. Visit ramachandran.law/marriage-contract to learn more or book a consultation today.Marriage is not just a union of hearts — it’s also a legal partnership. While no one enters marriage expecting it to end, it’s wise to plan for the future with clear understanding and mutual respect. That’s where a marriage contract — also known as a prenuptial agreement — comes in.