Asset Protection
Protect pre-marital property
Financial Clarity
Set expectations in writing
Tailored Agreements
Drafted for your circumstance
1
The Process
Consultation
We discuss your goals, timeline and whether a Marriage Contract is appropriate for your circumstances.
2
Intake &
Disclosure
You provide information about your finances, assets, debts and the protections you want included.
3
Initial Strategy
Call
We review your expectations and explain your legal rights, options and key considerations.
4
Drafting &
Revisions
We prepare your draft agreement. Up to 5 reasonable revisions are included in the flat fee.
Once disclosure and terms are finalized, we coordinate signing with you and, where applicable, your spouse or their lawyer.
5
Final Review &
Signing
What is a Prenuptial Agreement / Marriage Contract?
In Ontario, a prenuptial agreement is commonly referred to as a Marriage Contract. It is a written agreement between spouses or future spouses that addresses financial matters such as property, debts and spousal support.
Prenup vs. Marriage Contract
In Ontario, “prenup” and “marriage contract” generally refer to the same type of agreement. “Prenup” is the informal term commonly used when the agreement is signed before marriage, while “marriage contract” is the legal term used in Ontario. A marriage contract may be signed either before or during the marriage. When it is signed after the parties are already married, it is sometimes informally called a postnuptial agreement.
How long before my wedding should I start?
We recommend contacting us as early as possible. At minimum, approximately 6 weeks before the wedding is preferred, though earlier is always better to allow time for disclosure, drafting, review and negotiation.
What can be included?
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Property division
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Spousal support terms
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Treatment of debts
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Protection of pre-marital assets
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Treatment of jointly acquired assets
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Certain estate-related financial terms
How long before my wedding should I start?
Can I update the agreement later?
Yes. If both parties agree, a Marriage Contract may be amended in accordance with any amendment provisions contained in the original agreement.
Alternatively, the parties may sign a new Marriage Contract that expressly replaces and supersedes any previous Marriage Contract between them
Can we keep what we brought into the marriage separate and only share what we build together?
Yes. This is one of the most common approaches. A properly drafted agreement can identify which assets remain separate and which assets the parties intend to share.
Reducing the Risk of Future Challenges
No lawyer can guarantee that a Marriage Contract will never be challenged in court. However, careful drafting and proper process can help reduce risk. We recommend full and honest financial disclosure, adequate time before signing, and Independent Legal Advice for the other party. Agreements signed under pressure, based on incomplete information, or without proper understanding are more vulnerable to challenge.