Marriage Contracts: A Guide for Ontario Couples

Nov 17, 2025

Planning a wedding often involves discussions about venues, invitations, and family celebrations. However, many couples also aim to address the practical side of their future together. Marriage Contract — also called prenuptial agreements or “prenups” — offer a way for partners to outline financial expectations in advance, and they may help reduce uncertainty should the relationship change.

While not every couple may need one, a thoughtful conversation about a prenup in Ontario can support clearer communication and a more secure foundation.

As family lawyers in Toronto, the team at Kelly Jordan Family Law provides counsel and support for couples seeking prenuptial agreements before marriage.

This guide explains what a prenuptial agreement is, how it works in Ontario, and what couples may want to consider before signing one.

What Is a Prenuptial Agreement in Ontario?

A prenuptial agreement is a domestic contract signed before marriage. In Ontario, it is called a marriage contract under the Family Law Act. It allows future spouses to outline their rights and responsibilities during the relationship or if the marriage ends.

A premarital agreement can address:

Property ownership and division
Responsibility for existing or future debts
Rights to the matrimonial home
Spousal support expectations
How gifts, inheritances, or family business interests will be treated
Estate-related intentions, although these may require additional planning

In our experience, couples use these agreements to bring clarity to financial issues that might otherwise become complex.

Why Some Ontario Couples Consider Premarital Agreements

For many couples, premarital agreements may offer reassurance, particularly when they have differing financial positions or unique assets. A contract may help set expectations and reduce the possibility of disputes later.

Couples might want to explore a prenup if they:

Own property before marriage
Have children from a previous relationship
Expect to inherit significant assets
Operate a business or professional practice
Want to limit future financial disputes
Prefer a clear structure for property division

Not every couple needs these agreements, but for some, they are a practical planning tool.

How Premarital Agreements Work Under Ontario Law

Ontario’s Family Law Act allows couples to create marriage contracts with considerable flexibility. Even so, certain rules apply.

Key Legal Requirements

A valid premarital agreement generally requires:

Full financial disclosure: Each partner must provide an honest and complete picture of their finances.
Independent legal advice: Separate lawyers help ensure that each party understands the contract.
Voluntary consent: The contract must be signed freely and without pressure.
A written, signed document: Oral agreements are not enforceable.

What Cannot Be Included

Some topics cannot be negotiated in a premarital agreement. For example:

A couple cannot decide parenting arrangements or child support in advance.
The agreement cannot determine who must live in the matrimonial home during separation.
Any clause that is unconscionable or highly unfair may not be upheld.

These limitations exist to protect children’s interests and prevent significant power imbalances.

Common Topics Covered in Premarital Agreements

The reality is that every premarital contract is unique. However, many address similar themes.

Property and Assets

Couples may decide:

Which property will each person keep if they separate
How will jointly acquired assets be divided
Whether certain assets will be excluded from equalization
How business shares, investments, or pensions will be treated

Debts and Liabilities

A premarital agreement may clarify:

Who is responsible for pre-marital debts
How future debts will be managed
Whether one spouse is protected from the other’s financial risks

Spousal Support

The contract may outline:

Whether one partner will pay support
How much support may be paid
How long could support continue

Support clauses may be reviewed by a court if circumstances change significantly, but planning may still offer guidance.

Discussing a Prenup in Ontario With Your Partner

It’s a tough conversation to have, but for many couples, a discussion about a premarital agreement can be very beneficial. It encourages openness around financial expectations, leading to clarity around expectations.

You may find it helpful to:

Start the discussion early
Approach the topic with curiosity rather than assumptions
Talk about long-term goals
Consider how both partners can feel protected
Seek legal guidance to understand available options

A clear, respectful conversation may help reduce misunderstandings and build a stronger foundation for married life.

How a Lawyer Can Help With Premarital Agreements

Independent legal advice is not only recommended, but is often essential to help ensure a contract’s enforceability.

A family lawyer can help by:

Reviewing each partner’s financial disclosure
Explaining relevant provisions of Ontario’s Family Law Act
Proposing options that reflect each person’s goals
Drafting or reviewing the agreement
Identifying potential issues that might lead to disputes later

Working with a family law lawyer like Kelly Jordan may help ensure that the contract reflects both parties’ intentions.

What Happens If You Do Not Have a Prenup in Ontario?

Without a premarital agreement, Ontario’s standard family law rules apply. This means:

Property accumulated during marriage is generally shared through equalization
The matrimonial home receives special treatment, even if only one spouse owned it initially
Spousal support may be required depending on financial circumstances
Debts may be considered when calculating net family property

While these rules are designed to be fair, they may not reflect every couple’s expectations. A premarital agreement provides an opportunity to choose a different approach where appropriate.

Help With Your Premarital Agreement: Kelly Jordan Family Law

Thoughtfully prepared premarital agreements may offer clarity, predictability, and a more secure starting point for marriage. They provide a structured way for couples to discuss financial expectations and prepare for the future.

If you are wondering whether a prenup is right for you, speaking with a family lawyer may be a helpful next step. With careful planning, these agreements may support both partners in building a stable and informed future together.

At Kelly Jordan Family Law, we help clients with questions they have about premarital agreements and with the process of creating one.

Contact us online or call our Toronto offices at 416-849-5501 to schedule a consultation, so that we can provide the guidance and representation you need.