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Marriage Contracts in Ontario

Thu, 22 Oct 2026 13:49:23 GMT

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.

Common-Law Separation in Ontario

Thu, 22 Oct 2026 11:56:09 GMT

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.

How to Make a Will in Ontario

Fri, 12 Jun 2026 16:32:37 GMT

Definition

A will, also known as a last will and testament, is a legal document that specifies how your assets will be distributed and who will manage your estate after your death.

This document is crucial in ensuring that your wishes regarding the distribution of your property, money, and personal items are followed.

Purpose

A will’s primary purpose is to ensure your assets are passed on to the people or charities you choose. It helps prevent disputes among your loved ones and ensures your estate is handled according to your desires.

Additionally, a will can include provisions for the care of minor children, appointing guardians who will take responsibility for them if both parents pass away simultaneously. By clearly outlining your wishes, a will provides peace of mind and reduces the burden on your family during a challenging time.

Importance of Having a Will

Creating a will might seem overwhelming, but it’s essential to ensure your wishes are followed after you pass away. Without a will, the courts decide how your assets are distributed, which might not align with your intentions.

In Ontario, a will is not just about distributing your wealth; it’s about protecting your loved ones, reducing the burden on your family during a difficult time, and ensuring your estate is handled smoothly.

This guide will walk you through making a legal will in Ontario, ensuring your estate is managed according to your desires and providing peace of mind for you and your family.

What is a Will?

Identify Your Assets

Begin by making a comprehensive list of all your assets. This includes real estate properties, bank accounts, investments, personal belongings, and any other valuable items you own. Knowing the full scope of your assets will help you make informed decisions about their distribution.

Choose Beneficiaries

Decide who will receive your assets. Beneficiaries can include family members, friends, or charities. Specify what each beneficiary will accept to avoid any confusion or disputes.

Select an Executor

Appoint a trustworthy person to act as your executor. This individual will be responsible for carrying out the instructions in your will, managing your estate, and ensuring your wishes are followed. Discussing this role with the person beforehand is a good idea to ensure they are willing and able to take on these responsibilities.

Appoint Guardians for Minor Children

If you have children under 18, it’s crucial to name guardians who will take care of them if both parents pass away. Choosing someone you trust to raise your children is not just a legal requirement but a demonstration of your responsibility and care for their well-being and stability.

Decide on Specific Gifts

Detail specific items or amounts of money you want to leave to particular individuals or organizations. This could include family heirlooms like a vintage watch, jewelry, or special donations to charities such as a percentage of your estate.

Draft Your Will

You can draft your will using various methods:

Online Will Platforms: These platforms provide a convenient and affordable way to create a will from the comfort of your home. The cost can vary depending on the platform and the complexity of your estate.
Will Kits: Pre-printed templates are available at a low cost. These are suitable for simple estates.
Lawyer-Drafted Wills: We recommend letting us handle the process for you. This relieves any burden on you and allows us to ensure a smooth process. Let’s get in contact and we will walk you through what is required.

Sign Your Will

To make your will legally binding, it must be signed by two witnesses who are not beneficiaries. The witnesses must also sign the will in your presence. This step is crucial for the validity of your will.

Store Your Will Safely

Keep the original signed copy of your will in a safe place, such as a safe deposit box or with your lawyer. Inform your executor and trusted family members where the will is stored so it can be easily accessed.

Following these steps ensures that your will is comprehensive, legally valid, and reflects your wishes. This preparation provides peace of mind, knowing your loved ones will be cared for according to your intentions.

Probate and Its Necessity

Age and Mental Capacity

In Ontario, any individual who is at least 18 years old and of sound mind can make a will. Being of sound mind means understanding the nature of the document you are creating, the extent of your assets, and the implications of distributing your estate in the manner you choose.

Exceptions for Under 18

There are specific circumstances where individuals under the age of 18 can make a will:

If you are married or have been married.
If you are a member of the Canadian Forces on active duty.
If you are a sailor at sea or during a voyage.

Mental Capability

Being mentally capable is a crucial requirement. You must understand the nature of the act of making a will, know what property you have, and comprehend the impact of your decisions regarding the distribution of your estate.

Legal Considerations

It’s essential to ensure that your will meets all legal requirements to be considered valid. This includes proper witnessing and signing procedures. While you can create a will without a lawyer, consulting with one can help ensure your will is legally sound and genuinely reflects your wishes. We are here to assist you and make this much easier. Contact us now to begin the process.

Steps to Creating a Will

Protection

Creating a will is crucial for protecting your family’s future. Without a will, your loved ones might face difficult decisions during an already emotional time. A will provides clear instructions on how your assets should be distributed, helping to prevent disputes and ensuring that your wishes are honored.

Avoid Intestacy

If you die without a will, known as dying intestate, the courts will decide how your estate is distributed according to Ontario’s laws. This process might not align with your wishes and can leave out essential individuals, such as common-law partners or close friends.

By having a will, you maintain control over who inherits your assets, ensuring your intentions are followed and empowering you to make decisions about your estate.

Ease for Loved Ones

A well-prepared will simplifies the administrative process for your family, reducing the time and cost associated with settling your estate. It minimizes the stress and confusion that can arise when there are no clear instructions, allowing your loved ones to focus on grieving and supporting each other, providing them with a sense of relief and comfort.

Appointing Guardians

For parents of minor children, a will allows you to appoint guardians who will take care of your children if both parents pass away. This ensures that your children are cared for by someone you trust, providing them stability and security.

Ensuring Specific Wishes

A will enables you to leave specific gifts or donations to individuals or charities. Whether it’s a family heirloom, a piece of property, or a monetary donation, your will ensures that these special wishes are carried out exactly as you intended.

Who Can Make a Will in Ontario?

Definition and Process

Probate is the legal process where the court validates your will and grants the executor the authority to manage and distribute your estate. This process ensures that your will is genuine, your assets are correctly accounted for, and your debts and taxes are paid before distribution to your beneficiaries.

When Probate is Required

Most estates in Ontario require probate, but there are some exceptions. Probate is generally necessary when:

Real Estate is Involved: If you own property solely in your name, probate must transfer the title to your beneficiaries.
Financial Institutions Demand It: Banks and other institutions may require probate to release funds from your accounts.
No Joint Ownership or Beneficiary Designations: Assets not held jointly or without designated beneficiaries, like some bank accounts and investment portfolios, typically need probate.

When Probate is Not Required

Probate might not be necessary in some instances, such as:

Joint Tenancy: If you own property jointly with rights of survivorship, it automatically passes to the surviving owner.
Designated Beneficiaries: Assets like life insurance policies and registered accounts (RRSPs, TFSAs) with named beneficiaries bypass the probate process.

Probate Fees

In Ontario, probate fees, also known as Estate Administration Tax, are calculated based on the value of your estate. As of now, no probate fees are charged on the first $1,000 of the estate’s value. For estates over $1,000, the fee is approximately 1.5% of the estate’s value.

Minimizing Probate

There are strategies to minimize probate fees and simplify the process for your loved ones:

Joint Ownership: Holding assets jointly can help avoid probate, but it’s essential to understand the legal and tax implications.
Beneficiary Designations: Designate beneficiaries on accounts and policies where possible.
Trusts: Establishing trusts can manage and distribute assets without going through probate.

Hire Professional Help

Dealing with issues like wills and estates can be taxing and complex. At Forrest Law, we are specialized in this field and are ready to help you. Contact us now to get started!

forrest-law-practice

Marriage Contracts in Ontario

What is a marriage contract?

Before or during marriage

Who might consider one?

What a marriage contract cannot do

Making it fair and enforceable

Starting the conversation

How Forrest Law Practice can help

Common-Law Separation in Ontario

Who is a common-law partner in Ontario?

Property division: the biggest difference

What about the home?

Spousal support can still apply

Children are protected either way

Practical steps if you are separating

Planning ahead: cohabitation agreements

How Forrest Law Practice can help

How to Make a Will in Ontario

Definition

Purpose

Importance of Having a Will

What is a Will?

Identify Your Assets

Choose Beneficiaries

Select an Executor

Appoint Guardians for Minor Children

Decide on Specific Gifts

Draft Your Will

Sign Your Will

Store Your Will Safely

Probate and Its Necessity

Age and Mental Capacity

Exceptions for Under 18

Mental Capability

Legal Considerations

Steps to Creating a Will ﻿

Protection

Avoid Intestacy

Ease for Loved Ones

Appointing Guardians

Ensuring Specific Wishes

Who Can Make a Will in Ontario?

Definition and Process

When Probate is Required

When Probate is Not Required

Probate Fees

Minimizing Probate

Hire Professional Help

Steps to Creating a Will