Domestic Contracts & Prenups
Romance is emotional. The law is mathematical.
Protect your assets and define your future on your own terms.
Principal Lawyer Note: Domestic contracts are the only way to opt-out of Ontario's standard asset division rules. This guide was reviewed by Deepa Tailor to ensure your contract withstands judicial scrutiny.
The Reality Check
Understanding what happens without protection
The Default
Without a contract, the law decides who gets what. Ontario's Family Law Act imposes a rigid 50/50 equalization on married couples. Your business, your inheritance, your pre-marriage savings—all subject to division.
The Solution
A Domestic Contract allows you to write your own rules. It is insurance for your relationship—clarifying expectations, protecting assets, and preventing costly litigation. Think of it as a business agreement for your personal life.
"The best time to negotiate is when you don't have to. A domestic contract is a strategic tool—not a sign of distrust, but a mark of financial maturity."
The 3 Types of Contracts
Choose the right protection for your situation
Marriage Contracts ("Prenups")
Couples planning to marry who bring assets (homes, businesses, pensions) into the union
The Matrimonial Home and pre-marriage wealth
Cohabitation Agreements
Common law couples moving in together
Preventing "Constructive Trust" claims against your property
Post-Nuptial Agreements
Married couples who want to clarify assets during the marriage (often due to a new business venture or inheritance)
Inheritance and Business Growth
Each contract type serves a specific purpose. Our team will help you determine which structure best protects your unique financial situation.
Why DIY Contracts Fail
A kitchen table agreement is worthless in court. To be enforceable, a Domestic Contract must have:
Full Financial Disclosure
No hiding assets. Both parties must provide complete, honest disclosure of all assets, debts, income, and liabilities. Courts will void contracts based on incomplete information.
Independent Legal Advice (ILA)
Both sides need their own lawyer. Each party must receive independent legal counsel to ensure they understand the rights they are waiving. We provide ILA certificates as proof.
No Duress
Signed well before the wedding date. Contracts signed under pressure (e.g., the night before the wedding) can be challenged. We recommend signing at least 30 days before marriage.
Critical Warning
Online templates and DIY contracts are frequently struck down by courts due to missing formalities, inadequate disclosure, or unconscionable terms. Don't risk your assets on a document that won't hold up under scrutiny.
Clarify expectations. Prevent conflict.
A well-drafted domestic contract is the foundation of financial clarity. Protect what you've built and define your future with precision.