Marriage Contract Template (Canada)
Updated on August 15, 2026
Unlike most countries, Canada has no single national marital-property law and no requirement that a marriage contract be notarised or registered anywhere. Property division on separation is governed by each province's own family law statute — Ontario's Family Law Act, British Columbia's Family Law Act, and so on — so a marriage contract (sometimes called a domestic contract or prenuptial agreement) is a private written agreement between the spouses, not a filing with any registry.
That flexibility comes with a real risk this template is built to reduce: because there is no formal validity requirement beyond a signed writing, courts scrutinise whether each spouse actually understood what they signed. New Brunswick's Family Law Act expressly lets a court disregard a term if a spouse did not receive independent legal advice and applying it would be inequitable — a stricter rule than Ontario's, where independent legal advice is not formally required but its absence is a leading reason agreements get set aside.
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Marriage Contract
- Date:
- Spouse A:
- Spouse B:
- Governing province:
and enter into this Marriage Contract in contemplation of their marriage on , to be governed by the family law of .
1. Separate property
Spouse A's separate property, excluded from division on separation:
Spouse B's separate property, excluded from division on separation:
2. Independent legal advice
Spouse A received independent legal advice from and Spouse B received independent legal advice from , each confirming they understood the nature and consequences of this contract before signing.
3. General
This contract is governed by the family law of and may be amended only by a further written agreement signed by both spouses.
Spouse A
Date:
Spouse B
Date:
No national registry — property division is provincial
A marriage contract does not need to be notarised or filed with any government office to take effect between the spouses. But because property division on separation is governed by provincial family law, the practical effect of any clause depends on which province's statute applies.
Independent legal advice is the real safeguard
New Brunswick lets a court disregard a term if a spouse had no independent legal advice and enforcing it would be inequitable. Ontario does not make independent legal advice a formal requirement, but its absence is the most common reason a marriage contract gets challenged successfully — this template records whether each spouse obtained it, and from whom.
What each part of the contract does
- Spouses and marriage date
- Identifies both spouses and the date of (or intended) marriage.
- Property schedule
- Lists what each spouse owns before marriage, kept separate from anything acquired jointly during it.
- Independent legal advice
- Records whether each spouse had their own lawyer explain the contract before signing.
Legal considerations in Canada
Property division on separation is governed by the family law of the province where the spouses live, not by a single federal statute.
Check which province's family law applies
There is no federal marital-property statute — each province and territory has its own family law act governing how property is divided on separation, and a marriage contract has to be read against that specific statute.
BTL Law Toronto — Independent Legal Advice for Prenuptial AgreementsGet independent legal advice for each spouse
New Brunswick's Family Law Act lets a court disregard a term if a spouse had no independent legal advice and enforcing it would be inequitable — other provinces don't make it mandatory, but its absence is the leading reason agreements are challenged.
How to complete the marriage contract
- List each spouse's property. Assets and debts each spouse brings into the marriage, kept separate from joint acquisitions.
- Decide how property is treated on separation. State clearly which assets stay separate and which are shared, and how.
- Confirm independent legal advice. Each spouse should have their own lawyer explain the contract before signing.
Frequently asked questions
Does a marriage contract need to be registered anywhere in Canada?
No — it's a private written agreement between the spouses. There's no notarisation or government filing requirement, unlike many other countries.
Do both spouses need their own lawyer?
It isn't formally required everywhere, but New Brunswick lets a court disregard a term if a spouse had no independent legal advice and enforcing it would be inequitable, and lack of independent legal advice is the most common reason agreements get challenged elsewhere too.
Which province's law decides how property is split?
There's no single Canadian marital-property law — each province and territory has its own family law statute, and it's generally the law of the province where the spouses are living that applies.
Can we sign a marriage contract after the wedding?
Yes — Canadian provinces generally allow marriage contracts to be signed before or during the marriage; a postnuptial version is often called a cohabitation or domestic contract depending on timing and province.
Can the contract be changed later?
Yes, by a further written agreement signed by both spouses, ideally each again with independent legal advice.
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Disclaimer
This template and guide are for general information only and are not legal advice. Family property law is provincial in Canada and varies significantly — have each spouse get independent legal advice from a family lawyer in your province before signing.
