How Do You Write a Prenup in Ontario Without a Lawyer?
Yes, you can write your own marriage contract, because none of the formal requirements is a lawyer. But the rules are strict: a domestic contract is unenforceable unless it is made in writing, signed by the parties and witnessed. Ontario's guidance says both spouses must sign in front of a witness, and the witness must also sign.
Ontario's government still advises that each partner speak to a different lawyer and that you exchange financial information before signing. That matters because a court can set a contract aside if a party failed to disclose significant assets or debts, did not understand its nature or consequences, or on other contract-law grounds. A clause saying otherwise cannot take that power away.
A template also cannot do some things. Terms limiting a spouse's matrimonial home rights are unenforceable, and a marriage contract cannot set decision-making responsibility or parenting time. A court may also disregard terms about a child's education, moral training, decision-making responsibility or parenting time if that is in the child's best interests. Whether a template fits your situation depends on the facts, so consider having a lawyer review it.
Key takeaways
- A marriage contract is unenforceable unless it is in writing, signed by the parties and witnessed.
- None of the formal requirements is a lawyer, but Ontario's government advises each partner to speak to a different lawyer and exchange financial information.
- A court can set aside a contract for non-disclosure of significant assets or debts, lack of understanding, or other contract-law grounds.
- A marriage contract cannot decide decision-making responsibility or parenting time.