FAQ Marriage Contracts
Frequently Asked Questions (FAQ) – Marriage Contracts
Can we sign a marriage contract if we are already married?
Yes. In Ontario, these are often referred to as “post-nuptial agreements.” You can enter into a domestic contract at any stage of your marriage to define property rights and support obligations.
Does a marriage contract cover custody of our children?
No. Under the Children’s Law Reform Act, parents cannot pre-determine custody or access (parenting time) in a contract. These decisions must always be made based on the “best interests of the child” at the time of separation.
Can a judge set aside my marriage contract?
A court may set aside a contract if there was a failure to disclose significant assets, if a party did not understand the nature of the agreement, or if there was undue pressure. This is why Independent Legal Advice (ILA) is non-negotiable for a binding agreement.
Is the "Matrimonial Home" treated differently?
Yes. Ontario law gives special status to the family residence. Even with a contract, there are strict rules regarding the right to possession that require specific legal drafting to address effectively.
Phone Number
647-352-2245
Email Address
info@vakililaw.com
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