Marriage Contract: Pre- or Post-nuptial Agreement?

Marriage Contracts

These contracts are for those who are planning to get married (pre-nuptial) or are already married (post-nuptial). In Ontario law we only have a 'marriage contract,' and this can be signed by a couple either before or after their wedding. 

This type of contract allows a couple to agree on property or support. They can agree on different terms that what the default law may dictate in the event of a breakdown of the marriage. 

For example, Ontario's Family Law Act has special rules for dividing what is called the "matrimonial home." Each spouse receives an equal share, regardless of who paid more of the expenses such as the down payment or mortgage loan. 

But with a marriage contract, a couple can agree to a different division of the matrimonial home's value if the relationship were to end. This contracting power is especially valuable to those who have already been divorced once or are on their second or third marriage and approaching retirement. They want to ensure that what is left of their assets (which have already been through prior divisions) will be preserved for their use.

Marriage contracts are also used to address specific issues such as debts incurred prior to marriage, family wealth that may be received from a parent's business, or looking after children from a prior relationship or your pets.

Your marriage contract, pre- or post-nup., can state who keeps the pet(s). More about our dear pets in a future post.

Thinking ahead as you are getting married the first or second time and protecting your assets with a marriage contract wit the help of a family law or divorce lawyer serving St. Thomas, Ontario

Photo credit: Anastasia Sharaeva

My team has served the St. Thomas area for years and is pleased to answer your questions. Feel free to contact us confidentially: info@paonessalaw.ca or (519) 660-0006.

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Location: St Thomas, ON, Canada

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