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.
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About the author
Russell Alexander is the founder of Russell Alexander Collaborative Family Lawyers and is the firm’s senior partner. At Russell Alexander, our focus is exclusively family law, offering pre-separation legal advice and assisting clients with family related issues, including: custody and access, separation agreements, child and spousal support, division of family property, paternity disputes, and enforcement of court orders. We have locations in Toronto, Markham, Whitby (Brooklin), Oshawa, Concord, Lindsay, and Peterborough.
For more information, visit our website, or you can call us at: 905-655-6335.