Marriage Contract and Prenuptial Agreements

Get expert advice on the matters of family law from your home. We bring legal expertise to you in the most convenient and affordable way.

Making a Marriage Contract

Pre and post-nuptial agreements are written, dated contracts signed by both partners and witnessed by at least one person. These legal documents allow a couple to set their own terms for what they expect during or after a relationship. Axess Law family lawyers sit with you to help figure out in advance how to divide shared assets after separation, divorce, or even death.

Marriage contracts or pre-nuptial agreements allow couples to make financial arrangements if they want to protect assets in case their relationship breaks down. It further allows the couple to set out spousal or child support expectations and divide property or business interests into their own terms. It can include decisions about sharing investments, real estate, personal property, vehicles, or decisions to make lifestyle choices that are legal and fair.

Your Axess Law lawyer will ensure your marriage contract is valid and will hold up in a family court if your partner disputes it when your relationship ends. We witness signatures and notarize domestic agreements.

How It Works

01

Book Your Appointment

Click on ‘Get Started’ to submit your details. Our client care team will contact you shortly to schedule your appointment with the lawyer

02

Meet With The Lawyer

Axess Law gives you legal advice as your case requires. Family lawyers can meet you in person or online, at your convenience.

03

Review Documents

Our family lawyers file legal documents or answer court questions. We help you navigate through your domestic legal issue with ease.

Documents We Need

Whether you are seeking independent advice on what options you have or need guidance on family law needs, Axess Law’s legal services make getting legal advice a simple task. Bring the following for your online video conference (anywhere in Ontario) or in-person meeting at our Greater Toronto Area law offices:

Axess Law will ask you for two pieces of ID. Proving your identity is obligatory to prevent fraud. You may use either two pieces of primary ID or one primary and one secondary ID These include:

  • Driver’s license
  • Canadian passport
  • Ontario photo card
  • Canadian citizenship card with photo
  • PR card with photo
When meeting with your family lawyer, carry your divorce decree, certificate of divorce, or annulment for each divorce. The documents can be either originals or court-certified copies.
Carry with you a signed copy of your Ontario marriage license application to show your lawyer.
A residency declaration showing you lived in a foreign country for at least a year before divorcing (if applicable). Your residency declaration can be brief.
Carry a witnessed statement of sole responsibility, signed by you and your future spouse. Our lawyers are also notary publics and can witness statements of sole responsibility or, if you are meeting in person, arrange for certified true copies of original documents.
When meeting with your lawyer, ensure you carry English or French translation for documents in other languages, with sworn affidavits from a certified translator.
When booking an appointment, our team will make a note of your contact information. This would include your name, email address, and telephone number.

Why Do I Need a Lawyer?

Axess Law family lawyers advise you on various elements of your marriage contract. Before you begin drafting, let us advise you on:

  • rules for prenuptial agreements
  • marital rights and responsibilities
  • different types of marriage contracts, such as mahrs
  • property division after separation or divorce
  • protecting the best interests of the child in family law agreements.

A marriage contract drafted by Axess Law will ensure your contract will stand up in court. We draft pre and post-nuptial agreements and can give legal opinions on marital contracts your partner or lawyer prepares.

Are Marriage Contracts Enforceable?

Valid marriage contracts in Ontario and prenuptial agreements are enforceable and legally binding unless:

  • a contract is unfair or unconscionable
  • assets, debts or liabilities were withheld during financial disclosure
  • you were defrauded
  • you were coerced or unduly influenced to sign
  • you or your partners didn’t understand the contract or its consequences
  • or any other reason under Ontario contract law.

What Not to Include in Your Marriage Contract

The only decisions you can’t include in a marriage contract, other than illegal or unfair terms are:

Parenting time

Decision-making responsibilities for children

Child access and child custody desicions

Who lives in the matrimonial home

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Convenient Appointments

Make an appointment by calling +1.877.402.4207 or fill out our online booking form. Axess Law gives you the choice of booking an online or in-person appointment. Our lawyers are available 7 days a week, at times convenient for you. We can meet in person, by phone, email, or via a remote video call. In addition to these, there are 5 Axess Law offices located across the Greater Toronto Area – all with onsite parking or easily accessible by public transit.

Some FAQs

Yes, in fact Axess Law Ontario family lawyers recommend independent legal advice for married, common law or cohabitating partners. We can review your family law agreement for fairness and explain the law to you.
Yes, while you could save money by hiring a single lawyer, it may not be to your advantage if your relationship ends and the contract is one-sided or unfair. When you have one lawyer represent you and your partner, you accept your lawyer has a conflict of interest. This leads to a family court judge wondering if you truly understood the agreement you were signing without having it reviewed by your own objective, unbiased legal representative. Also, an Independent Legal Advice Certificate proves to a court that all partners understand the terms and consequences of the drafted family law agreements. Family judges are less likely to overturn prenuptial agreements or marriage contracts when you can prove you got independent legal advice.
Yes, as things change in your life, reviewing your agreement periodically is always a good idea. Contracts can be changed or cancelled at any time, as long as all parties agree.
Any changes made to a contract go through a similar process as when it was first drafted. Amended or rescinded agreements must be written, dated, signed and witnessed.
The only decisions you can’t include, other than illegal or unfair terms, are parenting time and decision-making responsibility for children and stepchildren (formerly called child access and child custody) or who lives in the matrimonial home.

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