What is a marriage contract and can it change our property rights in Ontario?

A marriage contract — sometimes called a prenuptial agreement (before marriage) or postnuptial agreement (after marriage) — is a domestic contract under Ontario's Family Law Act that lets spouses agree on property rights and support obligations in advance. It can be signed before the wedding or at any point during the marriage.

A marriage contract can specify how property will be divided if the marriage ends, designate certain assets as excluded from equalization, and set out spousal support terms. It can also limit or expand the rights the Family Law Act would otherwise provide. One important limitation: under Ontario law, a marriage contract cannot restrict a spouse's right to possess the matrimonial home during the marriage. Rights to possession of the home while the marriage is ongoing cannot be contracted away.

For a marriage contract to be enforceable, it must be in writing, signed by both parties, and witnessed. Courts have set aside contracts where financial disclosure was incomplete or one party lacked independent legal advice. Full, transparent disclosure of both parties' assets and debts is essential.

If you are considering a marriage contract or want to understand what an existing one means for your rights, having a family lawyer review it is strongly advised.