Marriage Contract (Ontario) by OLL
This template is for couples in Ontario who are married or planning to marry and wish to determine property division and spousal support in advance. It includes options for opting out of net family property equalization or varying specific statutory rules under the Family Law Act.
This document comes from OLL's library of vetted legal templates
MARRIAGE CONTRACT
This template is for two people in Ontario who are married to each other, or intend to marry, and want to agree in advance how property and support will be handled if the marriage ends — commonly called a marriage contract before the wedding and sometimes a "postnuptial" arrangement if signed afterward, though Ontario law uses "marriage contract" for both. It is not for an unmarried couple with no immediate plan to marry (use cohabitation-agreement) and not for people who have already separated (use separation-agreement). Not suitable for use in Quebec.
Drafting notes appear in italics and are to be deleted before execution. Square brackets mark information to be filled in. Delete any inapplicable optional clauses and Parts, then renumber, before execution.
⚠️ This Agreement can be set aside. A court can set aside all or part of a domestic contract — including a marriage contract — where a party failed to disclose to the other significant assets, debts, or other liabilities existing when the Agreement was made, where a party did not understand the nature or consequences of the Agreement, or otherwise in accordance with the ordinary law of contract. Ontario's Family Law Act sets out the grounds for setting aside a domestic contract. VERIFY the exact section number and current statutory wording before this warning, or any statement of the grounds, is treated as settled — the citation registry flags this section as unconfirmed. Complete and exchange the financial disclosure at Schedule A honestly and completely, and do not rely on this Agreement being effective until each Party has had a genuine opportunity to obtain independent legal advice.
⚠️ A provision limiting matrimonial-home rights is unenforceable. Ontario's Family Law Act does not permit spouses to contract out of the equal right of possession of the matrimonial home. A term in this Agreement purporting to give one spouse the exclusive right to possess the matrimonial home, or otherwise limit the other spouse's statutory possessory rights in it, while the Parties remain married and the property remains a matrimonial home, is not enforceable, regardless of disclosure or independent legal advice. VERIFY the exact current statutory provision and its current scope — including whether it extends to every kind of matrimonial-home term or only certain ones — before relying on this warning as a complete statement of the rule; the citation registry flags this as unconfirmed. Section 4 is drafted with this limitation in mind; do not attempt to work around it by rewording a possession-limiting clause.
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