How to Draft a Marriage Contract: Essential Clauses and Considerations
                     2025-01
How to Draft a Marriage 
Contract: Essential Clauses and 
Considerations
DivorceGO.ca
Contents
Key Considerations before Drafting a Marriage Contract................................... 3
Full Financial Disclosure ...............................................................................  3
Independent Legal Advice..............................................................................  3
Fairness and Reasonableness.......................................................................... 4
Updating the Contract over Time ................................................................... 4
Essential Clauses to Include in a Marriage Contract........................................... 5
Division of Property ..................................................................................... 5
Spousal Support ...........................................................................................  5
Debt Responsibility ...................................................................................... 5
Inheritance and Gifts ................................................................................... 6
Exclusion of Assets ....................................................................................... 6
Dispute Resolution Clause ........................................................................... 6
Custody and Parenting Arrangements (Optional)...................................... 6
What a Marriage Contract Cannot Include ......................................................... 7
Child Custody and Support Provisions....................................................... 7
Clauses that are Illegal or Against Public Policy........................................ 7
Provisions that are Unfair or Exploitative.................................................. 7
Steps to Drafting a Marriage Contract in Toronto .............................................. 8
1. Consult with a Family Lawyer ................................................................... 
8
2. Gather Financial Documents ...................................................................... 8
3. Discuss Terms Openly ...............................................................................  8
4. Draft the Contract....................................................................................... 9
5. Review and Finalize ................................................................................... 9
Common Mistakes to Avoid When Drafting a Marriage Contract.....................10
6. Not Fully Disclosing Financial Information...........................................10
7. Rushing Through the Process Without Legal Advice ...........................10
8. Creating Vague or Incomplete Clauses..................................................10
4. Assuming the Contract is Set in Stone ...................................................10 
Visit DivorceGo Law Firm ...............................................................................11
Key Considerations before Drafting a Marriage 
Contract Full Financial Disclosure
Importance of Transparency:
Honesty and openness are the foundation of a solid 
marriage contract. Both parties must provide full financial 
disclosure, including all assets, debts, and income. This 
transparency
ensures that each party is fully aware of the other’s 
financial situation before signing the agreement.
Failure to disclose all relevant financial information can result 
in the marriage contract being challenged or deemed 
unenforceable by an Ontario court. Under the Family Law Act, 
courts place significant emphasis on fair dealing, and non-
disclosure may lead to the contract being set aside.
Independent Legal Advice
Why Each Party Should Consult Their Own Lawyer:
For a marriage contract to be legally binding, both parties 
must enter the agreement willingly and with a complete 
understanding of its implications. In Ontario, it is highly 
recommended (and often necessary) for each party to seek 
independent legal advice.
By consulting separate family lawyers, each person ensures 
that their interests are protected and that they are not signing 
under
duress or without full comprehension. Independent legal advice 
helps to demonstrate that the contract was created fairly and 
can strengthen its enforceability in court.
Fairness and Reasonableness 
Ensuring the Contract is balanced:
A marriage contract should not be one-sided or overly 
favourable to one party. Ontario courts scrutinize contracts 
that appear to be unfair or unconscionable at the time of 
signing.
To ensure fairness, the contract should:
 Consider the needs and contributions of both parties.
 Avoid clauses that would leave one spouse in a 
significantly worse position.
 Reflect reasonable expectations and lifestyle 
factors, such
as future career changes, child-rearing responsibilities, and 
potential inheritances.
Updating the Contract over Time
How and When to Review the Agreement:
Life circumstances change, and a marriage contract should be 
flexible enough to accommodate significant events. It’s 
important to review and, if necessary, update the contract 
periodically, particularly after milestones such as:
 The birth or adoption of children
 Career changes or significant financial gains/losses
 Acquiring new properties or businesses
 Changes in health or family dynamics
Including a clause for periodic reviews or amendments ensures 
the contract remains relevant and reflects current realities.
Essential Clauses to Include in a Marriage Contract 
Division of Property
Specify how property acquired before and during the 
marriage will be divided in the event of separation or divorce. 
This can include:
 Real estate (primary residence, vacation homes, rental 
properties)
 Investments, bank accounts, and retirement funds
 Personal property, such as vehicles, jewellery, and art
Spousal Support
Outline any spousal support obligations or waivers. This 
clause should address:
 The amount and duration of support payments
 Conditions for ending support (e.g., remarriage, 
cohabitation)
 Exceptions for extreme financial hardship or significant 
life changes
Debt Responsibility
Clarify who will be responsible for debts incurred before and 
during the marriage. This clause helps protect each party 
from unforeseen liabilities.
Inheritance and Gifts
Determine how inheritances and gifts will be treated. In 
Ontario, inheritances received during the marriage may be 
excluded from equalization, but it’s beneficial to address this 
explicitly in the contract.
Exclusion of Assets
List specific assets that one party wishes to exclude from 
division in the event of separation or divorce. This can be 
particularly relevant for business owners or individuals with 
significant pre-marital wealth.
Dispute Resolution Clause
Include a clause outlining how disputes related to the contract 
will be resolved. Options may include mediation, arbitration, or 
litigation. A dispute resolution clause can help avoid costly 
court battles.
Custody and Parenting Arrangements (Optional)
Although a marriage contract typically focuses on financial 
matters, some couples include general guidelines for future 
custody or parenting arrangements. Note that child-related 
provisions are subject to the best interests of the child standard 
and can be overridden by a court.
What a Marriage Contract Cannot Include
Child Custody and Support Provisions
Marriage contracts in Ontario cannot dictate child custody or 
child support arrangements. Decisions related to children must 
always be made in the best interests of the child. Courts have 
the final say on these matters, and any attempt to include 
restrictive or predetermined custody or support clauses may 
render the contract unenforceable.
Clauses that are Illegal or Against Public Policy
Any clause that contravenes Canadian law or public policy 
will be struck down. For example, clauses that promote 
divorce, restrict personal freedoms, or impose unlawful 
obligations are not permitted. The Family Law Act and 
Canadian legal principles ensure that contracts adhere to 
ethical and legal standards.
Provisions that are Unfair or Exploitative
Ontario courts will not uphold provisions that are deemed 
grossly unfair or exploitative. If one party is left in a 
significantly disadvantaged position due to the terms of the 
contract, the court may set aside those provisions. Contracts 
that appear to have been signed under duress, without full 
understanding, or with significant power imbalances are 
particularly vulnerable to being invalidated.
Steps to Drafting a Marriage Contract in Toronto
1. Consult with a Family Lawyer
Importance of Professional Guidance:
The first step in drafting a marriage contract is to consult with 
an experienced family lawyer in Toronto. A lawyer can provide
expert advice, ensure the contract complies with Ontario’s
Family Law Act, and help protect your rights. Professional 
guidance minimizes the risk of creating an unenforceable 
agreement.
2.Gather Financial Documents 
Preparing a Full Financial Statement:
Both parties must gather and disclose all relevant 
financial documents. These include:
 Bank account statements
 Investment portfolios
 Property deeds
 Loan and debt statements
 Income tax returns
A comprehensive financial statement ensures transparency and 
helps prevent disputes over undisclosed assets or debts.
3. Discuss Terms Openly
Open Communication with Your Partner About 
Expectations:
Have an honest discussion with your partner about your 
expectations, goals, and concerns. Topics to cover 
include:
 Asset division
 Spousal support
 Debt responsibility
 Future financial goals
Open communication fosters trust and ensures the contract 
reflects both parties’ intentions.
4. Draft the Contract
Working with a Lawyer to Draft Clear and Enforceable 
Terms:
With the help of your lawyer, draft the marriage contract 
using clear and precise language. The contract should outline 
each
party’s rights and obligations and cover all agreed-upon terms. 
Your lawyer will ensure the contract meets legal standards 
and
avoids problematic clauses.
5. Review and Finalize
Ensuring Both Parties Agree and Understand the Terms:
Once the draft is complete, both parties should review 
it carefully. Ensure that:
 Both parties understand all terms and clauses.
 Independent legal advice has been obtained.
 Any revisions are incorporated before finalizing.
Common Mistakes to Avoid When Drafting a Marriage 
Contract
1. Not Fully Disclosing Financial Information
Failing to provide complete financial disclosure can lead to 
the contract being invalidated. Ontario courts require full 
transparency to ensure fairness. Hiding assets or debts can 
jeopardize the enforceability of the agreement.
2. Rushing Through the Process Without Legal Advice
Drafting a marriage contract without consulting a qualified 
family lawyer is a significant risk. Independent legal advice 
ensures that both parties understand their rights and obligations, 
reducing the likelihood of disputes or challenges later on.
3. Creating Vague or Incomplete Clauses
Ambiguous language or incomplete terms can cause 
confusion and lead to disputes. Each clause should be 
specific, clear, and comprehensive to avoid misunderstandings 
and ensure the contract is enforceable.
4. Assuming the Contract is Set in Stone
A marriage contract can and should be updated to reflect 
changes in life circumstances. Regular reviews and 
amendments ensure the agreement remains relevant and fair 
over time.
Visit DivorceGo Law Firm
Visit DivorceGO for experienced team of family lawyers, ready 
to assist you.
For personalized assistance in Toronto, visit us at 45 Sheppard 
Ave E, Suite #500, or call us at (416) 792-5400.
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