In Ontario, couples who are married or living together can use legal agreements to set clear expectations about finances, property, and support both during the relationship and in the event of a breakdown in the relationship. These are commonly known as pre-nuptial agreements (prenups), but in Ontario are officially referred to as marriage contracts and cohabitation agreements. Both can be referred to as domestic contracts. The following should not be taken as legal advice. For legal advice on marriage contracts, please contact HCLS today.
What Are These Agreements?
- Marriage Contracts (often called prenuptial agreements) are between two people who are married or intend to marry.
- Cohabitation Agreements are for couples living together or planning to live together but not necessarily getting married.
Once a couple with a cohabitation agreement gets married, that agreement usually becomes a marriage contract automatically.
What Can Be Included?
These agreements can cover:
- How property will be divided if the relationship ends.
- Spousal support (whether it will be paid, and how much).
- Educational and moral decisions for children (but not decision-making authority or parenting time).
- Other personal matters, as long as they’re legal and fair.
These agreements cannot be used to decide who gets to stay in the matrimonial home or who will have parenting time with children. These issues are addressed after separation and governed separately by law and the courts.
Key Things to Know
For a marriage contract or cohabitation agreement to be valid:
- Written and Signed: These agreements must be in writing, signed by both people, and witnessed.
- Legal Advice Is Crucial: While not absolutely required, it’s very important that each person gets their own legal advice before signing. This helps ensure the agreement is fair and enforceable .
- Full Financial Disclosure: Each party should share their financial details. Without this, the agreement could later be challenged.
- Clear Language: The courts interpret agreements based on the plain meaning of the words used. So clarity is key.
What If Circumstances Change?
You can change these agreements later, but any changes must also be in writing, signed, and witnessed. Courts can set aside parts of the agreement if they find it was unfairly made, if one person was pressured, or if the terms are unreasonable—especially where children or financial support are involved.
How HCLS can Help You
At Home Counsel Legal Services (HCLS), we understand that navigating marriage contracts and cohabitation agreements can feel overwhelming—especially when you’re trying to plan for your future or manage a separation. Our team is here to provide clear, practical legal advice tailored to your unique circumstances. Whether you’re creating an agreement from scratch, reviewing one you’ve been asked to sign, or seeking to enforce or challenge an existing contract, we’ll guide you every step of the way to protect your rights and help you make informed decisions. Let HCLS be your trusted partner in building a secure legal foundation for your relationship.
This blog post was authored by Matthew Patten, Student-at-law with HCLS.
