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Ontario marriage contract guide
Ontario Prenuptial Agreement
Create an Ontario prenup template online, then review it with a local family lawyer before signing.
Quick Answer
Yes. Ontario prenups are usually called marriage contracts. They must be written, signed, and witnessed.
How It Works
Prenuply is not a law firm. It helps you get organized before legal review.
Get a tailored draft
Prenuply creates an Ontario working template with the key clauses organized for review.
Review with lawyers
Each partner should review the final agreement with their own lawyer before signing.
What Matters in Ontario
Ontario couples use marriage contracts to customize many financial terms before marriage, while keeping important limits in place.
Use a written, witnessed agreement
An Ontario domestic contract is unenforceable unless it is in writing, signed by both parties, and witnessed.
Disclose assets and debts
Both partners should exchange clear schedules of assets, liabilities, income, business interests, pensions, and real estate before signing.
Understand home rules
A marriage contract cannot limit a spouse's rights under Part II of the Family Law Act concerning the matrimonial home.
Use independent legal advice
Separate advice helps each partner understand the agreement and reduces later arguments about pressure, fairness, or misunderstanding.
What It Can Cover
Pre-marital property
Identify assets each partner owned before marriage and explain whether those assets, or future growth on them, should stay separate.
Business interests
Describe companies, professional practices, shares, shareholder agreements, retained earnings, and valuation expectations.
Inheritance and gifts
Set expectations for inherited property, gifts from family, trusts, and family contributions.
Spousal support
Record the couple's intentions about support while recognizing that courts can review support clauses in some circumstances.
Before Review
Legal names and dates of birth for both partners
Asset and debt schedules with approximate values
Business ownership documents or shareholder information
Real estate addresses, mortgage details, and title information
Inheritance, gift, trust, or family wealth expectations
Time for each partner to meet a separate lawyer
Ontario FAQ
What is a prenup called in Ontario?
Ontario legislation uses the term marriage contract. A marriage contract is one type of domestic contract under the Family Law Act.
Can an Ontario prenup protect a house owned before marriage?
A marriage contract can address property ownership and division, but Ontario has special matrimonial home rules. A lawyer should review any clause involving a home that may become the matrimonial home.
Can a marriage contract cover spousal support?
Yes. Section 52 permits marriage contracts to address support obligations, although courts retain powers to review support provisions in certain circumstances.
Is a Prenuply template legally binding by itself?
No. It is a starting draft for lawyer review. The final Ontario marriage contract must meet legal requirements and should be reviewed by independent lawyers before signing.