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.
⚠️ Parenting arrangements cannot be pre-determined by this Agreement. A provision in a marriage contract purporting to finally and irrevocably fix decision-making responsibility, parenting time, or contact for a child of the marriage — including a future child not yet born — is not enforceable. A court retains jurisdiction to decide parenting matters based on the best interests of the child at the relevant time, regardless of what this Agreement says. VERIFY the exact statutory basis for this limitation before stating it as settled in user-facing text. This Agreement does not attempt to include a parenting section for that reason.
⚠️ This is a lawyer-in-the-loop document. This Agreement is not intended to be signed without each Party obtaining independent legal advice from their own lawyer, as recorded in Schedule B, particularly where it is being signed close to a wedding date — timing pressure close to a wedding is a factor courts have considered relevant to whether a party understood and freely entered into a marriage contract. Do not treat this template as ready to execute without that review, and do not leave it until the days immediately before the wedding if it can be avoided.
THIS MARRIAGE CONTRACT is made as of [Date].
BETWEEN:
[Party A Legal Name] of [Party A Address]
("[Party A Short Name]")
— and —
[Party B Legal Name] of [Party B Address]
("[Party B Short Name]")
(each a "Spouse" and together the "Spouses" or the "Parties")
WHEREAS the Parties [intend to marry each other on or about [Wedding Date] / were married to each other on [Marriage Date] at [Marriage Location]];
WHEREAS the Parties wish to define their respective rights and obligations concerning property and support, both during their marriage and if it ends, on the terms of this Agreement;
WHEREAS each Party has made the financial disclosure described in Schedule A and confirms it to be complete and accurate as of the date of this Agreement;
WHEREAS each Party has obtained, or has been given a genuine and reasonable opportunity to obtain, independent legal advice as recorded in Schedule B;
NOW THEREFORE in consideration of the marriage [or continuation of the marriage] of the Parties, the mutual covenants in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is acknowledged, the Parties agree as follows:
PART A — DEFINITIONS AND DISCLOSURE
Definitions
In this Agreement, unless the context requires otherwise:
"Effective Date" means the date of this Agreement set out above;
"Property" means all real and personal property of every kind, including but not limited to real estate, bank accounts, investments, pensions, RRSPs and other retirement savings, business interests, vehicles, and household goods, whether held individually or jointly;
"Separate Property" means Property listed as such in Schedule A, including Property owned by a Party before the Effective Date and Property acquired individually during the marriage as described in section 3.
Financial Disclosure
Each Party has completed, and attached as part of Schedule A, a sworn or solemnly affirmed statement of their assets, debts, and income as of [Disclosure Date], together with supporting documentation [listed in Schedule A].
Each Party confirms that the disclosure at Schedule A is, to the best of their knowledge, complete and accurate, and that they have not knowingly omitted or understated any significant asset, debt, or source of income.
This Agreement is entered into in reliance on the disclosure at Schedule A. If, after the Effective Date, either Party discovers that the other Party failed to disclose a significant asset, debt, or liability that existed as of the date of this Agreement, that discovery may be grounds to set this Agreement aside, in whole or in part.
[Include if the Parties intend to update disclosure periodically:] The Parties will update Schedule A every [Number] years, or on a significant change in either Party's financial circumstances, by signing and witnessing a replacement Schedule A.
PART B — PROPERTY
Property Division on Separation
Option A — Opt out of equalization; each Party keeps their own property
If the marriage ends, each Party's Property — including Property acquired during the marriage in that Party's name alone — remains that Party's Separate Property and is not included in either Party's net family property for equalization purposes, except for jointly titled property and Property the Parties expressly agree in Schedule A to treat as shared. Neither Party will owe the other an equalization payment.
Option B — Equalization applies, as varied in Schedule A
The Parties accept that the Family Law Act's net-family-property equalization regime applies to them, varied only as follows: [Describe variations — e.g., specific property excluded from equalization that would not otherwise be excluded, such as a business interest or pre-marriage investment growth]. Property not addressed in this Option is treated in accordance with the Family Law Act's default equalization rules.
The Parties' current property, and its treatment under whichever Option applies, is recorded in Schedule A.
Each Party will sign any document and take any step reasonably necessary to give effect to the property treatment recorded under this Part.
Debts. Each Party remains responsible for debts in their own name. Debts incurred jointly, or for the joint benefit of both Parties, are divided as set out in Schedule A, or if not specified, equally, regardless of which Option in section 3 applies to property.
Ontario's equalization-of-net-family-property regime applies by default to married spouses. This section lets the Parties vary that default — for example, excluding specific property from equalization, or fixing a different mechanism entirely — rather than accepting the statutory default unmodified.
Use Option A if the Parties want to opt out of equalization and keep property separate instead. Use Option B if the Parties accept the statutory equalization regime but want to vary specific items.
VERIFY the current statutory definition of "net family property" and the valuation date rules before relying on Option B as drafted, or before advising on the effect of a specific exclusion.
Matrimonial Home
The property municipally known as [Property Address], if and while it is a matrimonial home within the meaning of the Family Law Act, remains subject to each Party's equal right of possession under the Act regardless of any other provision of this Agreement.
Subject to section 4.1, the Parties' agreement as to the ultimate ownership of, or equity interest in, the property described in section 4.1 is recorded in Schedule A.
Read the ⚠️ warning at the top of this Agreement before drafting this section. Ontario law does not permit the Parties to contract out of the equal right of possession of the matrimonial home. This section is deliberately limited to what the Family Law Act does allow — addressing the home's ultimate ownership or its treatment in an equalization calculation — and does not attempt any possession-limiting term.
Do not add a clause here purporting to grant one Party exclusive possession, require the other Party to vacate on separation, or otherwise limit possession rights, while the property remains a matrimonial home and the Parties remain married — see the header warning. Ownership/equity treatment (section 4.2) and possession rights (section 4.1) are legally distinct, and this section is structured to keep them separate rather than blur them.
PART C — SUPPORT
Spousal Support
⚠️ A spousal support release or waiver in this section can still be reviewed by a court. A court is not automatically bound by a spousal support waiver or release in a domestic contract. Courts have applied a two-stage inquiry examining the circumstances in which the Agreement was negotiated and signed (including whether each Party had independent legal advice, understood the Agreement, and was not under duress or unfair pressure — including time pressure close to a wedding date), and whether, at the time enforcement is sought, the Agreement still reflects the objectives of spousal support law and the parties' intentions (commonly associated with Miglin v. Miglin, 2003 SCC 24). This citation is not independently verified this session — VERIFY current appellate treatment before this warning or Option B below is relied on as settled.
Use Option A if the Parties are waiving and releasing spousal support in advance. Use Option B if the Parties want to record a formula or cap rather than a full waiver.
Option A — Mutual advance release of spousal support
Each Party waives, releases, and gives up any claim to spousal support from the other Party that might otherwise arise from their marriage, now or in the future. Each Party confirms they understand this waiver may not be reviewed again and have obtained independent legal advice specifically about it, as recorded in Schedule B.
Option B — Formula or capped support
If the Parties separate, spousal support (if any) will be determined [with reference to the Spousal Support Advisory Guidelines / subject to a maximum of [Amount] / subject to a maximum duration of [Number] months, increasing by [Number] months for each year of marriage], rather than being waived entirely.
The Spousal Support Advisory Guidelines are not legislation — they are an influential but non-binding formula range used to inform, not dictate, spousal support amounts and duration. Do not present a Guidelines-generated number as a legal entitlement.
Life and Disability Insurance
[Include if applicable:] Each Party will maintain life insurance of at least [Amount] naming the other Party as beneficiary for so long as [condition, e.g. a support obligation under this Agreement continues], and will provide proof of coverage on request.
PART D — CHILDREN
Child Support and Parenting Arrangements
Nothing in this Agreement limits, waives, or predetermines either Party's obligation to support, or right to seek support for, a child of the marriage, or either Party's rights or obligations concerning decision-making responsibility or parenting time for a child of the marriage. See the header warning — this Agreement does not attempt to address parenting arrangements at all, because a provision doing so would not be enforceable.
⚠️ Child support belongs to the child, not to either Party, and this Agreement cannot contract it away. If the Parties have, or later have, a child together, neither Party can release or waive that child's entitlement to support by agreement. A court is not bound by any child support amount the Parties agree to, and may order a different amount — including a higher amount — if the agreed amount does not comply with the Federal Child Support Guidelines or is not otherwise in the best interests of the child.
PART E — GENERAL
Review of This Agreement
The Parties will review this Agreement on the birth or adoption of a child, a significant change in either Party's income or assets, or every [Number] years, whichever comes first, and will update it in writing if their circumstances have materially changed.
Dispute Resolution
If a dispute arises about the interpretation or implementation of this Agreement, the Parties will first attempt to resolve it through [negotiation / mediation with a mutually agreed mediator] before either Party commences a court proceeding.
Section 9.1 does not prevent either Party from seeking urgent relief from a court, including in relation to the safety or well-being of a child.
Independent Legal Advice
Each Party confirms they have obtained, or have been given a genuine and reasonable opportunity to obtain, independent legal advice from a lawyer of their own choosing, separate from the other Party's lawyer, before signing this Agreement, as recorded in the certificates at Schedule B.
Each Party confirms they understand the nature and consequences of this Agreement, including the rights they are giving up.
General Provisions
This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario.
This Agreement is the entire agreement between the Parties relating to its subject matter and supersedes all prior discussions, negotiations, and agreements, whether written or oral.
No amendment to this Agreement is effective unless in writing and signed by both Parties in the presence of a witness.
If a provision of this Agreement is held unenforceable, it is severed and the remainder of this Agreement continues in force. Section 4.1 is not a term subject to this Agreement in the first place — it is a restatement of a statutory right that this Agreement cannot vary — and severing any other provision does not affect it.
This Agreement may be executed in counterparts, including electronically, each of which is an original and all of which together form one agreement.
[Include only if signed shortly before a wedding:] This Agreement takes effect on the Parties' marriage to each other. If the Parties do not marry each other, this Agreement is void.
IN WITNESS WHEREOF the Parties have executed this Agreement as of the date first written above, in the presence of the witnesses below.
Ontario's Family Law Act requires a domestic contract to be in writing, signed by the parties, and witnessed. VERIFY the exact current formality requirements before relying on the signature block below as compliant.
SIGNED, SEALED AND DELIVERED in the presence of: | |
Witness Signature: ______________________ | [Party A Legal Name] |
Witness Name: [Name] | Signature: ______________________ |
Witness Address: [Address] | Date: [Date] |
SIGNED, SEALED AND DELIVERED in the presence of: | |
Witness Signature: ______________________ | [Party B Legal Name] |
Witness Name: [Name] | Signature: ______________________ |
Witness Address: [Address] | Date: [Date] |
Schedule A — Financial Disclosure
Complete this Schedule before execution. It is a mandatory attachment — this Agreement is not to be signed without it. In case of conflict with the body of this Agreement, resolve the conflict by correcting whichever document does not reflect what the Parties actually agreed, and note the correction in the review log.
A.1 [Party A Legal Name] — Assets, Debts, and Income as of [Disclosure Date]
Real property: [Description, address, estimated value, mortgage balance]
Bank accounts and investments: [Institution, account type, balance]
Pensions and retirement savings: [Plan/institution, estimated value]
Business interests: [Description, estimated value]
Vehicles and other significant personal property: [Description, value]
Debts and liabilities: [Creditor, balance]
Income: [Sources and annual amount, with reference to most recent notice of assessment / pay statements attached]
Supporting documents attached: [List]
A.2 [Party B Legal Name] — Assets, Debts, and Income as of [Disclosure Date]
Real property: [Description, address, estimated value, mortgage balance]
Bank accounts and investments: [Institution, account type, balance]
Pensions and retirement savings: [Plan/institution, estimated value]
Business interests: [Description, estimated value]
Vehicles and other significant personal property: [Description, value]
Debts and liabilities: [Creditor, balance]
Income: [Sources and annual amount, with reference to most recent notice of assessment / pay statements attached]
Supporting documents attached: [List]
A.3 Property treatment
Option selected under section 3: [Option A / Option B, and if B, the variations agreed]
Matrimonial home ownership/equity treatment (section 4.2): [Describe]
Debts and how divided: [List]
Schedule B — Certificates of Independent Legal Advice
A mandatory attachment for each Party — this Agreement is not to be signed without both certificates, or without each Party having had a genuine and reasonable opportunity to obtain the advice described.
B.1 Certificate of [Party A Legal Name]'s Lawyer
I, [Lawyer Name], of [Law Firm Name], certify that:
I am a lawyer licensed to practise law in Ontario;
I met with [Party A Legal Name] separately from [Party B Legal Name] and [Party B Legal Name]'s lawyer;
I explained to [Party A Legal Name] the nature and effect of this Agreement, including the rights and claims being given up or varied by it;
[Party A Legal Name] appeared to understand my advice and signed this Agreement voluntarily, without apparent duress or undue influence, and without apparent pressure arising from proximity to a wedding date, in my presence.
Lawyer Signature: ______________________ Date: [Date]
B.2 Certificate of [Party B Legal Name]'s Lawyer
I, [Lawyer Name], of [Law Firm Name], certify that:
I am a lawyer licensed to practise law in Ontario;
I met with [Party B Legal Name] separately from [Party A Legal Name] and [Party A Legal Name]'s lawyer;
I explained to [Party B Legal Name] the nature and effect of this Agreement, including the rights and claims being given up or varied by it;
[Party B Legal Name] appeared to understand my advice and signed this Agreement voluntarily, without apparent duress or undue influence, and without apparent pressure arising from proximity to a wedding date, in my presence.
Lawyer Signature: ______________________ Date: [Date]
If either Party proceeds without independent legal advice, do not use this certificate format to record that — flag it plainly instead (for example, "[Party] confirms they were advised to obtain independent legal advice and declined to do so") and note the elevated set-aside risk this creates in the review log. A signed certificate from a lawyer who did not in fact advise that Party is worse than no certificate at all.
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