Marriage
Agreement Lawyers in Toronto
Protecting What Matters Before It Matters.
A marriage contract lets you and your spouse define your own financial rights and obligations — instead of leaving them to default Ontario law. Legal Solutions Law Firm drafts, reviews, and negotiates marriage agreements that hold up when it counts.
Family Law Act, s.52
Define Your Rights — Don't Leave Them to Chance
A marriage contract (often called a "prenup" if signed before the wedding, or a "postnup" if signed during the marriage) is a domestic contract under Ontario's Family Law Act that lets spouses agree in advance how property, debt, and support will be handled if the relationship ends — instead of relying entirely on the default equalization and support rules that would otherwise apply.
Marriage contracts are not just for the wealthy. They are commonly used by couples entering a marriage with a business, a home, an inheritance, significant debt, a blended family with children from a prior relationship, or simply a desire for financial clarity and certainty going into the marriage.
For a marriage contract to be enforceable in Ontario, both spouses must provide full and honest financial disclosure, sign voluntarily without pressure or duress, and — critically — each receive independent legal advice (ILA) from their own lawyer. Legal Solutions Law Firm drafts new agreements and provides ILA on agreements drafted by the other spouse's lawyer.
We draft clear, enforceable marriage contracts tailored to your specific assets, debts, and family circumstances.
If your spouse's lawyer has prepared a draft, we review it and provide the ILA required to make the agreement enforceable.
We ensure both parties' financial disclosure is complete — the single most common reason marriage contracts are later set aside.
Straightforward marriage contracts are commonly handled on a flat fee basis so you know your cost upfront.
Real-World Scenarios
Common Marriage Contract Scenarios
Every couple's reasons for wanting a marriage contract are different. These are some of the most common situations we help Toronto couples navigate.
Marrying With a Business
One or both spouses own a business before the marriage. A marriage contract can define the business — and its future growth — as excluded property, protecting the company from equalization.
Second Marriage With Children
Spouses entering a second marriage often want to ensure assets are preserved for children from a prior relationship, while still providing fairly for a new spouse.
Significant Inheritance Expected
An expected inheritance is generally excluded from equalization by default, but a marriage contract can add clarity about how inherited assets and any income they generate will be treated.
Real Estate Portfolio Going Into the Marriage
Where one spouse owns investment properties before marrying, a marriage contract can specify how those properties — and any matrimonial home purchased later — will be treated if the marriage ends.
What We Handle
What a Marriage Contract Can Address
A well-drafted marriage contract can cover most financial matters between spouses — with a few important exceptions set out by Ontario law.
Our Approach
How We Handle Your Case
We discuss your assets, your goals for the agreement, and your timeline. There is no charge and no obligation to proceed.
Both spouses exchange full, honest disclosure of assets, debts, and income — the foundation of an enforceable agreement.
We draft terms that reflect your intentions clearly and are structured to withstand future scrutiny if the marriage later ends.
We negotiate directly with your spouse's independent lawyer to reach terms both parties genuinely understand and accept.
Each spouse receives ILA from their own lawyer, confirming they understand the agreement and are signing voluntarily.
The agreement is formally signed, witnessed, and stored securely — with copies provided for both spouses' records.
Plain Language Legal Guide
Marriage Agreements — What You Need to Know
What Cannot Be Overridden
Marriage contracts cannot restrict a court's jurisdiction over child support or the best interests of children — those provisions will not be enforced regardless of what the contract says.
A marriage contract also cannot remove a spouse's right to possession of the matrimonial home during the marriage, although it can address how the home is treated financially if the marriage ends.
Full Disclosure Is Non-Negotiable
The single most common reason a marriage contract is set aside by a court is incomplete or dishonest financial disclosure at the time of signing. Both spouses must disclose significant assets, debts, and income — even things they would rather not reveal.
We routinely advise clients to attach a full net worth statement as a schedule to the agreement itself, creating a clear record of exactly what was disclosed.
Timing Matters
Signing a marriage contract too close to the wedding date — days before, for example — can support a later argument of duress or undue pressure. We recommend beginning the process at least two to three months before the wedding.
There is no legal deadline that requires a marriage contract to be signed before the wedding; agreements signed during a marriage (postnuptial agreements) are equally valid provided the same requirements are met.
Both Spouses Need Their Own Lawyer
One lawyer cannot represent both spouses in a marriage contract — this is a fundamental conflict of interest. Each spouse must retain independent counsel to provide legal advice about the agreement's effect.
Skipping independent legal advice is one of the fastest ways to have an agreement successfully challenged years later, when it matters most.
Can a Marriage Contract Be Changed?
Yes. Marriage contracts can be amended or replaced at any time during the marriage, provided both spouses agree and the same formal requirements — disclosure, voluntariness, and independent legal advice — are met for the amendment.
Many couples revisit their agreement after significant life events such as the birth of a child, a business sale, or a major inheritance.
Why Courts Uphold — or Set Aside — Agreements
Ontario courts generally respect marriage contracts that were properly negotiated, fully disclosed, and independently advised upon — even years after signing.
Agreements are set aside where one spouse did not understand the agreement, was not represented, did not receive full disclosure, or signed under pressure. Getting the process right at the outset is what makes an agreement durable.
Know the Process
Where Your Case Is Heard — Toronto Courts
Marriage contracts are private agreements, not court filings — you do not go to court to sign one. But if a spouse later challenges the contract's validity, that dispute is decided by the same Toronto courts that handle divorce and property division.
Ontario Court of Justice — Family Court
Child protection, custody, access, and child support matters may be heard at the Ontario Court of Justice. Since September 2024, new Toronto family cases are filed at the courthouse assigned to your provincial electoral district — either 47 Sheppard Avenue East or 311 Jarvis Street.
Superior Court of Justice (Family Branch) — 361 University Avenue
Divorce and property division (equalization of net family property) require the Superior Court of Justice, located at 361 University Avenue, which also houses the Criminal branch. The Superior Court can also hear custody, access, and support matters.
Protect Your Financial Future Before You Marry
A properly drafted marriage contract provides clarity and protection for both spouses. Speak with a family lawyer about your specific situation — the consultation is free.
Why Legal Solutions
Why Choose Our Applied to Your Agreement
Marriage contracts look simple on paper but are frequently the subject of litigation years later when the terms are tested. We draft every agreement with that future scrutiny in mind — not just to reflect your wishes today, but to hold up under review.
Ryan Manilla has drafted and reviewed marriage contracts across every asset class, from small business ownership to significant real estate portfolios, for over 15 years at the Ontario Bar.
Client Testimonials
What Our Clients Say
I had a very positive experience with Legal Solutions Law Firm. Ryan represented me in a family court matter and provided excellent guidance and support throughout the entire process. He was professional, knowledgeable, and always took the time to answer my questions and explain everything clearly. Family court matters can be stressful, but Ryan helped make the process much easier and gave me confidence every step of the way. I truly appreciated his dedication, responsiveness, and commitment to achieving the best possible outcome. I highly recommend Legal Solutions Law Firm and Ryan to anyone looking for a compassionate and experienced family lawyer.
We tried to defend ourselves in civil court, but ultimately decided to hire Ryan — and it was the wisest decision we have made in the last two years of hell with our condo managers. Ryan and his team have been exceptional: swift, sharp, on the ball, and always asking the right questions while making the right arguments to move our case forward to the Superior Court.
Ryan did an outstanding job on my case. He was clear, professional, and always kept me informed. Thanks to his hard work, my charges were dropped. I’m very grateful and highly recommend him.
I wish I could add five more stars to show how happy we are with the legal services of Ryan J. Manilla and his team. They took charge of our legal matters, worked tirelessly on short notice, and delivered outstanding legal documents on time. Their teamwork, professionalism, patience, and understanding of our situation gave us tremendous peace of mind. Most importantly, we sleep better at night knowing that we are in good hands, with a legal team that has the expertise and compassion to handle sensitive matters with care.
I had a great experience working with Ryan at Legal Solutions. He is professional, responsive, and very knowledgeable. Any time I had questions, he got back to me quickly and provided practical advice. I wouldn’t hesitate to use him again.
I was going through anxiety not knowing what to expect with my case. Ryan explained everything simply and stood up for me at my hearing. I’m really thankful for his help!
I had such a stressful time trying to find legal help. I felt lost and hopeless when I got a notice to appear at the LTB. When I found Ryan, he stepped up and defended me. He’s knowledgeable about both the LTB and criminal law, and most importantly he’s tough! Exactly what I was looking for. I’m so glad I found him.
Ryan is a tough lawyer who defended us during a very difficult time. He helped me with a Landlord and Tenant Board issue. People told me to get a paralegal, but the ones I contacted either wouldn’t help or couldn’t communicate well in English. When I found Ryan, he explained the situation clearly and told me what to do. He showed up to the hearing tough and ready to go. I’m so glad I found him!
One of the best. Well poised, smart articulate. Know his stuff and one of the best lawyer out there to work with.
Common Questions
Frequently Asked Questions
Serving Families Across Toronto and the GTA
From My Experience: The Agreements That Actually Hold Up
In my years drafting marriage contracts, the agreements that get challenged successfully almost always share the same flaw: incomplete disclosure or a rushed signing process close to the wedding date. The agreements that hold up, by contrast, are the ones where both spouses took the process seriously from the start.
What Surprises Clients Most
Clients are often surprised that a marriage contract is not a one-sided document designed to protect only the wealthier spouse. Done properly, it protects both parties by creating clarity and preventing years of costly, uncertain litigation if the marriage later ends.
My advice to every couple is the same: start early, be completely honest about your finances, and take independent legal advice seriously rather than treating it as a box to check. An agreement built that way is one that will actually do its job when it matters. Call 416-274-2222 to get started.
Tools & Guides
Wondering what makes a marriage contract enforceable, or whether common-law couples need one too? These free tools and guides can help:
Speak With a Marriage Contract Lawyer Today
Whether you are planning a wedding or want to formalize a postnuptial agreement, contact Legal Solutions Law Firm for a free, confidential consultation.