Marriage Contracts & Cohabitation Agreements

Many people search for a prenup in Ontario, but under Ontario law the legal term is a marriage contract. A prenuptial agreement, often called a prenup, is simply a marriage contract that is signed before the wedding. Once you're married, you can still enter into a marriage contract.

Whether you call it a prenup, a prenuptial agreement in Ontario, or a marriage contract, the goal is the same: giving you and your partner the opportunity to decide important financial matters together instead of leaving them to the courts.

The best time is well before your wedding. Imagine trying to negotiate important legal and financial issues the week of your wedding while family is arriving, vendors are calling, and emotions are running high. That creates unnecessary pressure and can raise questions later about whether either person felt rushed.

If you're considering a prenup, it's best to start the conversation several months before the wedding. That gives both of you time to exchange financial information, obtain independent legal advice, and make thoughtful decisions together.

Yes. Many couples assume they've missed their opportunity once they're married, but that's not the case. Perhaps you've recently started a business, received an inheritance, purchased a home, or simply realized you'd like more clarity about your financial future.

A marriage agreement lawyer can prepare a marriage contract after the wedding, provided both spouses voluntarily agree to its terms and receive proper legal advice.

In many cases, yes. Whether you're an entrepreneur, own a professional corporation, or operate a family business, you may want to clarify how your business interests will be treated if the relationship ends.

A carefully drafted prenup for a business owner can address how business assets, future growth, and ownership interests will be handled. Every business is different, which is why it's important to obtain legal advice tailored to your circumstances.

Absolutely. Life changes. You may buy a home together, have children, start a business, receive an inheritance, or simply decide that your original agreement no longer reflects your circumstances.

As long as both of you agree, your marriage contract can usually be amended or replaced with a new agreement that better reflects your current goals.

Yes, and it's one of the best ways to protect both of you. Sometimes couples worry that hiring two lawyers means they're preparing for a fight. In reality, it's often the opposite. Independent legal advice helps ensure each person understands the agreement they're signing. It also makes the agreement much more likely to be enforceable if it's ever challenged in the future.

A good prenup lawyer isn't trying to create conflict. They're helping both people make informed decisions with confidence.

It can, but that doesn't mean it will be. The strongest agreements are prepared carefully, with full financial disclosure, independent legal advice, and enough time for both people to consider the terms without pressure.

Our goal is to prepare agreements that are fair, properly documented, and drafted to minimize the risk of future challenges.

It can. For many couples, a pet is part of the family. While Ontario law generally treats pets differently than children, a marriage contract or cohabitation agreement in Ontario can include provisions about who will keep the pet if the relationship ends and how related expenses will be handled.

Discussing those issues now can help avoid unnecessary conflict later.

Often, yes. One of the most common questions we hear is, "Can I protect an inheritance before marriage?" Perhaps your parents have told you they plan to leave you the family cottage, or you expect to inherit investments or other significant assets in the future.

A properly drafted marriage contract may help clarify how inherited property will be treated if the relationship ends. Every situation is different, so it's important to obtain legal advice based on your family's circumstances.

In many situations, yes. A marriage contract can address how certain property will be treated if the relationship ends. However, Ontario family law contains special rules regarding the matrimonial home, so it's important to understand what a marriage contract can and cannot accomplish before signing one.

We can explain how those rules apply to your specific circumstances.

A marriage contract is a powerful planning tool, but it has limits. For example, it generally cannot determine parenting arrangements or child support in advance because those decisions must reflect a child's best interests at the relevant time. There are also certain legal rights that cannot simply be signed away.

One of the most important parts of our role is explaining not only what a marriage contract can accomplish, but also where Ontario law sets limits. That way, you know your agreement is built on realistic expectations from the very beginning.

You don't need to have everything figured out before contacting us. Many couples come to us simply wanting to understand their options. Whether you're planning a wedding, moving in together, buying a home, starting a business, or simply thinking ahead, we're happy to explain how a marriage contract or cohabitation agreement could apply to your situation.

Sometimes, the consultation gives clients peace of mind that they don't need an agreement. Other times, it helps them avoid misunderstandings that could have become much more expensive down the road.