In a time when personal assets, real estate, and business ownership are more intertwined with marriage than ever before, the idea of a marriage contract – commonly called a prenuptial agreement (prenup)—is no longer just for celebrities or the ultra-wealthy.

Today, more couples across Toronto and the GTA are choosing to define their financial future before (or even after) tying the knot. Whether you’re protecting a business, safeguarding your family wealth, or simply ensuring clarity in case of separation, a legally sound marriage contract can offer clarity, fairness, and peace of mind.

At Aurigo Law, we believe a proactive approach to relationships includes honest conversations about finances and rights. This guide, backed by the expertise of family law lawyer Arshi Chandel, breaks down everything you need to know about marriage contracts in Ontario—including how to get one done right.

What is a Marriage Contract (Prenuptial Agreement)?

A marriage contract, known in some cases as a prenup, is a legally binding agreement between two people who are married or planning to get married. It outlines how financial matters will be handled in the event of separation, divorce, or death.

In Ontario, marriage contracts are governed by the Family Law Act and can address a range of issues:

What Can Be Included:

• Division of property and assets
• Spousal support rights and obligations
• Debt responsibility
• Rights to a matrimonial home
• Inheritance protection
• Business ownership clauses

What Can’t Be Included:

• Child custody or parenting time arrangements
• Child support amounts These are governed by the best interests of the child at the time of separation, regardless of the contract.

“Marriage contracts are not about mistrust—they’re about respect and preparedness,” explains Arshi Chandel.

Why More Couples in Toronto Are Choosing Prenups

Over the past decade, there’s been a steady increase in the number of millennials and Gen Z couples seeking marriage contracts in Ontario. Some of the biggest reasons include:

1. Blended Families & Second Marriages

Partners with children from previous relationships often want to protect their inheritance rights or estate distribution.

2. Business Ownership

Entrepreneurs want to ensure their company isn’t divided or disrupted during a potential divorce.

3. Property Ownership Before Marriage

With the high cost of real estate in Toronto, many individuals enter marriage already owning a home or condo. A prenup can help exclude pre-marital property from division.

4. Family Wealth & Gifts

If one spouse expects to receive gifts, inheritances, or family property, a prenup can clarify how these will be treated during the marriage and in case of separation.

5. Avoiding Legal Ambiguity

A contract helps avoid costly and time-consuming disputes later. It encourages open financial communication from day one.

According to a 2023 Angus Reid survey, 44% of Canadians aged 25–40 said they would consider signing a prenuptial agreement before marriage.

Key Terms to Include in a Prenup Agreement

An effective prenup is more than just a form—it’s a roadmap for your financial future. Below are key provisions every marriage contract should consider:

1. Division of Property

Who gets what in case of separation? Will property acquired during the marriage be split, or will each party keep what’s in their name?

2. Matrimonial Home

Special rules apply to the family home. Even if it was owned by one spouse before marriage, Ontario law gives both spouses equal rights to possession. A prenup can override this only if clearly stated.

3. Spousal Support

Specify whether either party will receive financial support after separation—and under what conditions (e.g., duration of marriage, career sacrifices, health).

4. Debt Management

Outline which debts belong to which party and how joint debts will be handled.

5. Business & Professional Assets

Business owners should detail how shares, ownership, or intellectual property will be treated during and after marriage.

6. Sunset Clauses

Some prenups include a timeline (e.g., agreement ends after 10 years of marriage) or conditions for expiry.

How to Get a Fair & Legally Sound Prenup in Ontario

To be valid and enforceable, a marriage contract must follow strict legal guidelines. The courts will only uphold a prenup if it’s deemed fair, informed, and voluntary.

Here’s how to ensure yours holds up:

1. Provide Full Financial Disclosure

Each party must disclose their income, debts, assets, and liabilities. Hiding key information can render the agreement invalid.

2. Obtain Independent Legal Advice (ILA)

Each person must consult their own lawyer. This ensures both parties fully understand their rights and obligations. At Aurigo Law, we provide tailored ILA for individuals reviewing or entering prenups.

3. Avoid Duress or Last-Minute Agreements

Don’t wait until a week before the wedding. Start the process at least 3–6 months in advance to avoid claims of pressure or coercion.

4. Keep the Terms Reasonable

Unconscionable or one-sided contracts are more likely to be overturned. Ensure terms are fair to both spouses based on current and future financial outlooks.

Can a Prenup Be Challenged or Overturned in Ontario?

Yes. While Ontario courts typically respect and enforce marriage contracts, they will intervene in cases of:

• Lack of full financial disclosure
• Absence of independent legal advice
• Evidence of coercion or duress
• Terms that are grossly unfair or unconscionable

In 2017, the Ontario Court of Appeal in Virk v. Singh reaffirmed that disproportionate division of property combined with lack of ILA could invalidate parts of a marriage contract.

This is why it’s critical to work with a lawyer who understands the nuances of family law and contract enforceability.

Real Toronto Example: Protecting Real Estate with a Prenup

Daniel and Olivia, a couple in their early 30s from North York, decided to get married after three years together. Daniel owned a condo purchased before their relationship and was receiving financial support from his parents to invest in more real estate.

They worked with Aurigo Law to draft a marriage contract that:

• Protected Daniel’s pre-marital condo
• Ensured family gifts and investments would remain his alone
• Created fair guidelines for future joint purchases

The process was respectful, collaborative, and gave both partners peace of mind heading into marriage.