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Planning a wedding involves plenty of decisions, from the venue to the guest list. For many couples, it is also a natural time to talk about finances. A marriage contract, often called a prenup, is one way to make those conversations concrete. In Ontario, a marriage contract can be signed before or during marriage, and it can bring clarity and confidence to both spouses. What is a marriage contract? A marriage contract is a type of domestic contract under Ontario's Family Law Act. It allows spouses, or soon-to-be spouses, to agree in advance on how certain matters would be handled if they separate, including: • how property and debts would be divided • whether spousal support would be paid, and on what terms • how specific assets, such as a family business, an inheritance or a cottage, would be treated Without a marriage contract, the default rules in the Family Law Act apply when a marriage ends. These include the equalization of net family property. A marriage contract lets couples tailor those outcomes to their own circumstances. Before or during marriage Many people assume a marriage contract has to be signed before the wedding. In Ontario, that is not the case. Couples can enter into a marriage contract before or during their marriage. Some couples revisit their finances after a major life event, such as starting a business, receiving an inheritance or blending families. If a couple living together signed a cohabitation agreement and later marries, that cohabitation agreement is generally treated as a marriage contract. Who might consider one? A marriage contract is not only for the wealthy. Couples often consider one when: • one or both partners own a business or professional practice • one partner expects a significant inheritance or family gift • either partner has children from a previous relationship • one partner is bringing considerably more assets or debts into the marriage • the couple simply wants clarity and fewer uncertainties in the future What a marriage contract cannot do There are important limits under Ontario law: • The matrimonial home. A marriage contract cannot limit a spouse's right to possession of the matrimonial home. Both spouses generally have an equal right to live in the matrimonial home, regardless of whose name is on title. • Parenting arrangements. Decisions about parenting time and decision-making responsibility are based on the best interests of the child at the time of separation. Provisions made in advance can be set aside by a court if they are not in the child's best interests. • Child support. Child support belongs to the child, and a court can disregard terms that are unreasonable under the Federal Child Support Guidelines. Making it fair and enforceable For a marriage contract to be valid in Ontario, it must be in writing, signed by both parties and witnessed. Beyond these basics, a few steps help protect the agreement: 1. Full financial disclosure. Each person should fully disclose their assets, debts, and income. Failing to disclose significant assets or debts can be grounds to set the contract aside. 2. Independent legal advice. Each spouse should have their own lawyer review the agreement and explain their rights. 3. No pressure. Allow plenty of time before the wedding so neither person feels rushed or pressured to sign. 4. Clear, understandable terms. Both spouses should understand what they are agreeing to and how it would work in practice. Starting the conversation Talking about a marriage contract does not mean planning for the relationship to end. For many couples, it is an opportunity to share their goals, values, and expectations openly, which can strengthen trust and planning as a couple. How Forrest Law Practice can help Our team in Oshawa helps couples across Durham Region understand their options and prepare clear, fair domestic contracts, including marriage contracts and cohabitation agreements. Let's talk about your plans. Call Forrest Law Practice at (289) 295-3805 or visit https://forrestlawpractice.ca . This article provides general information about Ontario law and is not legal advice. For advice about your situation, please speak with a lawyer.

More couples in Ontario are choosing to live together without marrying. Common-law relationships can be just as committed and long-lasting as marriages, but when they end, the law does not always treat them the same way. If you are separating from a common-law partner, or you simply want to understand where you stand, here is an overview of how property and support generally work. Who is a common-law partner in Ontario? There is no single definition. Different laws use different tests. For example, the federal government may treat you as common-law for tax purposes after 12 months of living together. Under Ontario's Family Law Act, the test depends on which issue you are dealing with. That is why it is important to look at the specific question, such as property or spousal support, rather than relying on a general label. Property division: the biggest difference For married spouses, the Family Law Act sets out a process called the equalization of net family property. In simple terms, each spouse calculates the growth in their net worth during the marriage, and the spouse with the larger increase generally pays the other half the difference. The matrimonial home also receives special treatment for married spouses. These equalization rules do not apply to common-law partners in Ontario. When a common-law relationship ends, there is no automatic sharing of property acquired during the relationship. As a starting point, each person generally keeps what is in their own name. That does not always mean the story ends there. Depending on the circumstances, a common-law partner may have other legal claims, for example where one partner contributed significantly to property owned by the other. These claims are based on fairness principles developed by the courts, and they depend heavily on the facts, so early legal advice matters. What about the home? If the home is registered in both names, both partners generally have an ownership interest in it. If it is registered in only one partner's name, the other partner does not have the same automatic right to stay in the home that a married spouse would have under the Family Law Act. Any claim to an interest in the home would depend on the facts and the legal claims available. Spousal support can still apply While property rules differ, spousal support is one area where common-law partners may have rights similar to married spouses. Under Ontario's Family Law Act, common-law partners can be considered "spouses" for support purposes if they: • lived together continuously for at least three years, or • are in a relationship of some permanence and are the natural or adoptive parents of a child. If you qualify, the next questions are whether support is appropriate in your situation and, if so, how much and for how long. These depend on factors such as the length of the relationship, each person's role during it, and current incomes. Children are protected either way Whether parents were married, common-law, or never lived together, the rules for children are the same. Parenting arrangements are decided based on the best interests of the child, and child support is generally calculated using the Federal Child Support Guidelines. Practical steps if you are separating 1. Gather financial information. Collect recent tax returns, CRA Notices of Assessment, pay stubs, and statements for bank accounts, investments, RRSPs, pensions, and debts.  2. Document contributions. If you contributed to a property owned by your partner, such as mortgage payments or renovations, keep records. 3. Think about the children first. A clear, child-focused parenting plan helps everyone through the transition. 4. Get advice before signing anything. A separation agreement can resolve property, support, and parenting issues, but each partner should receive independent legal advice before signing. Planning ahead: cohabitation agreements If you are living together, or planning to, a cohabitation agreement allows you to decide in advance how property and support would be handled if the relationship ends. It can bring clarity and peace of mind to both partners. How Forrest Law Practice can help Common-law separations raise unique questions, and the answers often depend on the details. Our team in Oshawa provides calm, practical guidance to individuals and families across Durham Region. Contact Forrest Law Practice at (289) 295-3805 or visit https://forrestlawpractice.ca to book a consultation. This article provides general information about Ontario law and is not legal advice. For advice about your situation, please speak with a lawyer.