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Prenup & Marriage Contracts

Prenups and marriage contracts offer peace of mind, and our team helps you create clear, fair agreements that protect your future.

Introduction

A prenuptial agreement (prenup) and a marriage contract are legally binding agreements that outline how a couple’s assets, finances, and responsibilities will be handled during the marriage and in the event of separation or divorce.

While these terms are often used interchangeably, there is a distinction:

  • A prenuptial agreement is entered into before the marriage.
  • A marriage contract can be created before or during a marriage.

Both contracts serve to protect each party’s financial interests, clarify rights and obligations, and help prevent future disputes. A well-drafted agreement provides peace of mind by ensuring both partners understand their financial expectations and responsibilities. We can help.

Why consider a prenup or marriage contract?

  • Protection of personal and business assets.
  • Clarifying financial responsibilities during marriage.
  • Preventing disputes in case of separation or divorce.
  • Protecting inheritance or children from previous relationships.

A prenuptial agreement or marriage contract can be beneficial for any couple, regardless of financial status.

Common reasons to consider one include:

Protection of Personal and Business Assets

Safeguard individual wealth, property, and business interests from division.

Clarification of Financial Responsibilities

Outline how finances, debts and expenses will be handled during the marriage.

Preventing Costly Disputes in Case of Separation or Divorce

Establish clear terms to minimize legal battles and financial uncertainty from the costs of separating.

Protecting Inheritance or Children from Previous Relationships

Ensure children from past relationships receive their intended inheritance or financial support.

By addressing these matters in advance, couples can avoid stress, conflict, and uncertainty in the future.

What can be included in a prenup or marriage contract?

Prenuptial agreements and marriage contracts can cover a wide range of financial matters.

This CAN include:

Division of Property & Assets

Define how property, savings, investments, and other assets will be divided in case of separation or divorce.

Debt Responsibility

Establish which spouse is responsible for specific debts

Spousal Support Agreements

Outline if and how spousal support will be handled.

Provisions for Children

Protect the financial interests of children from previous relationships.

What cannot be included in a prenup or marriage contract?

While prenups and marriage contracts allow for financial arrangements and cover a wide range of financial matters, there are certain things they cannot include.

This CANNOT include:

Parenting Time, Decision-Making or Child Support

These must be determined based on the child’s best interest at the time of separation.

Unfair or Coercive Terms

Any provision that is unconscionable (i.e., excessively unfair to one party) may not be upheld by a court.

Personal Lifestyle Clauses

Courts generally do not enforce clauses regarding behaviour or household duties.

Ensuring fairness and legal compliance is essential for a prenuptial agreement or marriage contract to be enforceable in court.

The Process

At Galbraith Family Law, we make the process clear and straightforward.

Here’s how it works:

1

Consultation with a Family Lawyer

Schedule a consultation with one of our experienced Ontario Family Law Lawyers to discuss your financial situation and goals.

2

Full Financial Disclosure

Both partners must fully disclose their income, assets, debts, and liabilities to ensure transparency and fairness. Your contract is only as strong as the completeness of your disclosure.

3

Drafting the Agreement

We will draft a customized prenup or marriage contract tailored to your unique situation, ensuring it meets Ontario’s legal requirements.

4

Independent Legal Advice (ILA)

Each party must obtain independent legal advice to confirm they fully understand the agreement and the ramifications of the agreement before signing. This step is crucial for ensuring enforceability.

5

Signing & Finalizing

Once both parties agree, the contract is signed in the presence of witnesses. The agreement then becomes legally binding.

This process ensures fairness, enforceability, and legal protection for both partners.

Common Misconceptions

Here are some common misconceptions about prenups and marriage contracts:

Prenups Are Only for the Wealthy

Prenups and marriage contracts are beneficial for all couples, not just high-net-worth individuals. They provide clarity and protection regardless of financial status.

Prenups Mean You Don’t Trust Your Partner

A prenup is about planning for the future, not a lack of trust. It is a responsible financial decision that protects both partners equally.

Prenups Are Not Enforceable

If properly drafted and meeting legal requirements (e.g., financial disclosure, independent legal advice), prenuptial agreements are legally binding and enforceable.

Prenups Cover Everything

Prenuptial agreements cannot dictate parenting time, decision-making, or child support, nor can they include unfair or unethical terms.
My separation and subsequent divorce was not a long, drawn-out process.

In fact, it was incredibly quick with the results that I wanted. Brian made me feel at ease, had me understand the steps it took to agree to terms of a separation, and he was by my side through it all. The benefit of a quick divorce was that costs are minimized and the hurt caused by both sides is mitigated.

Chris Hauschild

Questions?

Contact us

At Galbraith Family Law, we have years of experience helping individuals and families navigate complex legal matters with clarity and support. Whether you're facing divorce, separation, or other family issues, our experienced team is here to guide you.

We proudly serve clients in Barrie, Newmarket, Oakville, and St. Catharines, Ontario.

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Barrie

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Barrie, ON L4N 1B1
(705) 727-4242

Newmarket

1195 Stellar Drive, Unit 4
Newmarket, ON L3Y 7B8
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Oakville, ON L6K 0H5
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St. Catharines, ON L2R 7E8
(905) 291-5231

© 1993–2026 Galbraith Family Law Professional Corporation · All Rights Reserved

© 1993–2026 Galbraith Family Law Professional Corporation

All Rights Reserved

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