Ontario marriage contract guide

Ontario Prenuptial Agreement

Create an Ontario working draft with the key property, debt, support, and signing details ready for local review.

Quick Answer

Yes. Ontario prenups are usually called marriage contracts. They must be written, signed, and witnessed.

Last Reviewed

This general legal information was last reviewed on June 16, 2026 against official provincial sources. It is not legal advice.

How It Works

Prenuply is not a law firm. It helps you get organized before legal review.

Answer simple questions

Tell us about your relationship, priorities, assets, debts, and Ontario requirements.

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.

Common Mistakes to Avoid

The issues that most often weaken an agreement before it is signed.

Last-minute signing

Signing right before the wedding can make the process look rushed or pressured, even when both partners intended to cooperate.

Thin disclosure

A short asset list without values, debts, backup documents, or business details can weaken confidence in the agreement.

Overbroad home clauses

Clauses involving a home that may become the matrimonial home need careful Ontario-specific review.

One lawyer for both partners

Each partner should have their own lawyer. One lawyer cannot fully advise both sides about rights they may be giving up.

From First Draft to Signed Agreement

What the journey usually looks like, from organizing details to signing with confidence.

Prepare full financial disclosure

List property, debts, income, business interests, pensions, real estate, and other material financial information for both partners.

Create a clear working draft

Record the couple's intended treatment of existing property, future property, debts, inheritances, businesses, and possible support.

Have separate lawyers review it

Each partner should receive advice from their own Ontario family lawyer before signing the final marriage contract.

Sign with the required formalities

The final agreement should be signed and witnessed after both partners have had enough time to review it.

What You Get with Prenuply

One transparent, one-time price. Your purchase includes a personalized, province-specific template, built-in completeness checks, clarifying questions when details are missing, instant PDF and Word download, and email support.

Province-specific questionnaire

Prenuply asks for Ontario, not just Canada, then shapes the template around Ontario terminology and signing expectations.

Asset and debt schedules

The guided flow helps collect property, liabilities, businesses, real estate, inheritance concerns, and support preferences.

Built-in follow-up questions

If the draft needs missing details, Prenuply can ask clarifying questions before creating the final PDF and Word files.

Ready for lawyer review

You get an organized working draft to review with separate Ontario family lawyers before signing.

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.

Official Sources

Related Canadian Prenup Guides

Read the companion guides on enforceability, cost, inheritance, property, and common Canadian prenup questions.

Start with a clear working draft.

Create your Ontario template, then review it with separate legal counsel before signing.

Get Started