FAQs Marriage Contracts

What is required for a marriage contract to be binding?

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Written by Russell Alexander ria@russellalexander.com / (905) 655-6335

In Ontario, a marriage contract will be legally binding if the following conditions are met:

  • It is in writing;
  • Each party made full and frank disclosure about their financial situation to the other;
  • It is entered into voluntary, meaning no duress or undue influence;
  • Each party had legal capacity and understood the contract;
  • Each party received independent legal advice;
  • The bargain is not unconscionable; and
  • It is properly signed in the presence of witnesses.

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About the author

Russell Alexander

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), Lindsay, and Peterborough.

For more information, visit our website, or you can call us at: 905-655-6335.