FAQs Marriage Contracts

Are there any limits on marriage contracts?

two speech bubbles question mark in the one above
Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

While spouses can make any type of financial arrangement in a marriage contract, there are a couple major items which cannot form party of a valid marriage contract. One, parties to a marriage contract cannot pre-determine custody or access to the children. And, two, a marriage contract cannot put any limits on the rights of either party to occupy the matrimonial home. These legal prescriptions are enshrined in section 52(2) and section 52(1)(c) of the Family Law Act, respectively.

Stay in Touch

Keep learning about the latest issues in Ontario family law! Subscribe to our newsletter, have our latest articles delivered to your inbox, or listen to our Podcast Family Law Now.

Be sure to find out more about the "new normal", by visiting our Covid-19 and Divorce Information Centre.

About the author

Russell Alexander

Russell Alexander is the Founder & Senior Partner of Russell Alexander Collaborative Family Lawyers.