In Canada, these are called “Domestic Contracts”. While talking about a marriage contract may not be anyone’s idea of romance, it’s one of the most important legal conversations to have before getting married or moving in together. Whether you’re planning a wedding or entering a common-law relationship, a domestic contract can help protect your future.
Types of Domestic Contracts:
So, when is the right time to talk to a lawyer?
Let’s walk through domestic contracts and what they actually cover, when to get one, and why it’s not just for the ultra-wealthy.
In Ontario, a marriage contract (also known as a prenuptial or postnuptial agreement) and a cohabitation agreement are legally binding domestic contracts under the Family Law Act.
Couples who are married or plan to get married can enter a marriage contract before marriage.
Couples not planning to marry but are living together or plan to live in a common-law relationship can enter a cohabitation agreement instead.
These agreements may address division of property, ownership of assets and debts, spousal support, living expenses and individual financial responsibilities and even inheritance rights, in the event of separation or divorce.
However, neither a marriage contract nor a cohabitation agreement can discuss child support or decision-making responsibility or parenting time for children.
These agreements are especially helpful when:
Yes — domestic contracts in Canada are legal, but only if done properly. To make it enforceable, both parties must:
A lot of people wonder: do domestic contracts hold up in court in Canada?
The answer is: they can, if they’re fair and done correctly. If one person was pressured into signing or didn’t understand what they were agreeing to, the court may reject it. A court may set aside a
Even if templates are available online, we do not recommend writing your own marriage contract. Without proper structure, your agreement may not hold up in court.
Our team at Gosai Law ensures your domestic contract is clear, valid, and built to withstand scrutiny.
A common question we hear is how much does a domestic contract cost in Ontario? The cost depends on the complexity of your finances and whether both parties agree quickly or need negotiation.
On average, legal fees for a domestic contract in Ontario range from $1,200 to $3,000 per person. Remember: this is a one-time cost that could save you thousands in court down the line.
Technically, yes — you can try. But it’s risky. Many online templates aren’t specific to Ontario family law. One mistake and the agreement may be unenforceable. That’s why we recommend working with a family law lawyer who understands Ontario’s unique laws.
You should consult a family law lawyer:
Waiting too long — like a few days before the wedding — can create legal risks and emotional stress.
A marriage contract in Ontario isn’t about mistrust — it’s about clarity and communication. Think of it like an insurance policy: you hope you never need it, but if you do, you’re glad it’s in place.
At Gosai Law, we’ll walk you through everything, from what to include in a domestic contract to making sure your legal contract is enforceable.
Book a consultation today with a compassionate, experienced family law team that puts your future first.
