Marriage Contracts & Cohabitation Agreements

Yes. Cohabitation agreements are recognized as domestic contracts under Ontario's Family Law Act and are legally binding when properly drafted, signed, and witnessed. Both parties should have independent legal advice to strengthen enforceability.

While you are not legally required to have a lawyer, it is strongly advisable. Courts are more likely to uphold agreements where each party received independent legal advice. A lawyer also ensures the agreement accurately reflects your intentions and is legally enforceable.

Yes. You can include provisions for spousal support — or waive it — in a cohabitation agreement or marriage contract. However, courts retain some discretion to override support waivers that would cause unconscionable hardship.

Without an agreement, Ontario's default family law rules apply. For married couples, this means equalization of net family property under the Family Law Act. For common-law partners, the rules are different and often less clear, which can lead to costly disputes.

Yes. Agreements can be amended or replaced if both parties agree. It's advisable to review your agreement when there are significant changes in your circumstances, such as the birth of a child, a major change in income, or acquiring significant new assets.

Yes, with important limitations. Marriage contracts can address the matrimonial home, but there are restrictions under the Family Law Act. Both spouses have equal possession rights during the marriage, and agreements that try to eliminate these rights may not be enforceable.

No. These agreements are useful for any couple who wants clarity and certainty about their financial rights. They are particularly valuable when one or both parties own property, have a business, expect an inheritance, or have children from a prior relationship.