At Shaikh Law Firm, our marriage contract lawyers help clients across Ontario prepare and review legally sound marriage contracts, also known as prenuptial agreements. Whether you are planning to marry or are already married, our lawyers ensure your financial rights are protected through personalized and enforceable agreements.
We offer flat fee marriage contract packages that include consultation, drafting, financial disclosure forms, and a certificate of independent legal advice (ILA). Our goal is to provide cost-effective legal protection while avoiding future disputes.
A well-drafted marriage contract provides peace of mind, legal clarity, and a clear plan for how property and support will be handled if the marriage ends. Our team tailors every agreement to reflect your unique circumstances.
A marriage contract is a legally binding agreement, as per section 52 of the Family Law Act of Ontario, entered into between individuals who are married or intend to marry. A marriage contract primarily addresses two key legal issues: spousal support and the ownership and division of property. In more detail, it may include:
Ownership and division of property;
Spousal support entitlements or waivers;
Gifts or inheritances;
Financial contributions during the marriage;
and any other matter affecting the settlement of the parties’ affairs.
However, a marriage contract cannot determine decision-making responsibility or parenting time for children, as those matters must be addressed based on the child’s best interests at the time of separation.
A marriage contract may be signed before or after the wedding ceremony. The timing of the agreement can have both legal and practical implications, particularly in ensuring that it is entered into freely, voluntarily, and with informed consent.
1. Before Marriage (Prenuptial Contract)
When signed prior to the marriage, the contract will take effect on the date of the wedding. This is the most common and preferred approach, as it allows the parties to:
Engage in full financial disclosure well in advance;
Consult their respective lawyers without time pressure;
Negotiate terms in a manner free from emotional duress;
Avoid claims of coercion or undue influence, which can later be used to challenge the validity of the contract.
It is advisable to begin discussions and legal drafting at least four to six months prior to the scheduled wedding date.
2. After Marriage (Postnuptial Contract)
A marriage contract may also be executed after the couple is already legally married. In such cases, the agreement takes effect on the date of signing. Postnuptial contracts are appropriate where:
The couple did not have time to finalize the agreement before marriage;
Significant financial changes have occurred since the wedding;
The parties now wish to formalize their financial intentions in writing.
While valid, postnuptial contracts can present additional risks, particularly if one party later argues that the contract was signed under pressure or in an imbalanced relationship. As such, independent legal advice and complete financial disclosure are critical in reinforcing the contract’s enforceability.
In Ontario, the enforceability of a marriage contract is governed by the Family Law Act, and by principles of contract law. While the Act sets out basic formal requirements, courts have repeatedly emphasized that process matters. The more thorough and transparent the process, the more likely the contract will be upheld if challenged.
1. Formal Requirements under the Family Law Act
For a marriage contract to be legally valid, it must:
Be in writing;
Be signed by both parties;
Be witnessed at the time of signing.
These three elements are minimum statutory requirements under section 55 of the Family Law Act. However, compliance with these alone does not guarantee enforceability.
2. Full and Frank Financial Disclosure
Each party must provide a complete and accurate disclosure of their assets, debts, income, and liabilities. Failure to disclose material financial information can result in the contract being set aside by the court, especially where it led to an unfair or unconscionable result.
We recommend preparing sworn Net Family Property Statements as part of the disclosure process.
3. Independent Legal Advice (ILA)
While not mandatory under the Act, independent legal advice is strongly recommended and often essential to demonstrate that:
Each party understood the nature and consequences of the agreement;
Each party was aware of their legal rights;
There was no undue influence, coercion, or misunderstanding.
If one party chooses to waive legal advice, this should be recorded in writing, though such waiver may still weaken the agreement if challenged.
4. Avoiding Last-Minute Negotiations
A marriage contract signed days before a wedding may be found unenforceable if the court determines that the timing placed undue pressure on one party. Best practice is to begin the drafting process several months in advance of the wedding date to allow ample time for review, negotiation, and legal consultation.
5. Customizing Terms to Your Situation
A marriage contract should not be a boilerplate document. Instead, it should reflect the parties’ specific financial realities, property interests, and personal intentions. At Shaikh Law Firm, we tailor each agreement to the client’s unique circumstances to maximize clarity, fairness, and legal defensibility.
Marriage contracts can have serious legal and financial consequences. A marriage contract lawyer helps ensure your agreement is valid, enforceable, and tailored to your needs.
Your lawyer will explain your rights, help you understand what you may be giving up, and protect you from unfair terms.
Each spouse should get independent legal advice. This protects both parties and makes it more likely the contract will be upheld in court.
At Shaikh Law Firm, we provide trusted legal advice, ensure full financial disclosure, and draft clear, enforceable contracts designed to last.
A marriage contract is for couples who are married or planning to marry. It sets out terms for property division and spousal support if the marriage ends.
A cohabitation agreement is for couples who are living together or plan to live together but are not married. It serves the same purpose—defining how property and support will be handled if the relationship ends.
If a couple with a cohabitation agreement later marries, the agreement can automatically become a marriage contract. Alternatively, they may choose to create a new contract after marriage.
Both documents are legally binding when properly signed, witnessed, and based on full financial disclosure.
Marriage contract costs in Ontario typically range from $1980 to $3,600, depending on complexity and whether detailed financial disclosure is included.
At our firm, a marriage contract costs $1,980 + HST, which consists of all necessary documents, including financial statements and services that could cost up to $3,000 plus tax at other law firms. We offer a cost-effective solution compared to other law firms, offering not only cost-effectiveness but also significant protection against potential litigation costs, which can escalate from $10,000 to $90,000 + HST.
At our Law Firm we beleive in giving our client’s an oppourtunity to learn more about our expertise and experience before deciding to retain us. We offer 15 minutes free legal advice in Ontario. Call us, email us or use the form below to book your Free consultation with a lawyer.
If you are based out of Ontario, please email us to book your appointment.
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