— Hilary Angrove, Founder of Angrove Law
You have picked the venue, tasted the cake, and agonized over seating arrangements. But there is one conversation you likely have not had yet. And, it is the one that could matter most if life ever takes an unexpected turn.
We are talking about a marriage contract, also known as prenuptial agreement.
Before you scroll past, hear us out. A marriage contract is not a sign that you are planning for divorce. It is a sign that you are planning for your life together, honestly and realistically, with both of your interests protected.
This Is Not Just for Second Marriages and the Extremely Wealthy
There is a persistent idea that marriage contracts are something you consider after a first marriage ends or when you have $1M+ in assets. As a protective measure for people who have already been through it and know better, or for those bringing a lot of property into the marriage. That idea is outdated, and in today’s Ontario, it can be a costly assumption.
Consider the reality: divorce rates in Canada remain close to 40 to 50 percent. That means roughly half of all marriages will end in separation. And with Ontario real estate prices at historic highs, the financial stakes for young couples moving in together have never been greater.
A marriage contract is an insurance policy and like all good insurance, it protects the work you have already put in. You insure your car not because you plan to crash it, but because you have worked hard to own it and you want that investment protected. A marriage contract works the same way. It protects the down payment you scraped together, the equity you have built, the savings you brought to the relationship so that if the unexpected happens, there is a clear, fair plan already in place.
The average divorce without a marriage contract costs over $10,000. The insurance is a lot cheaper.
First-time couples, young couples, couples buying their first home together, a marriage contract is just as relevant for you. Especially for you. Did you know that no matter who put the cash into the home, even if one partner owns it completely outright, without a marriage contract, you will have to split the value of the 50/50?
The Family Law Act: One Size, One Size Only
Here is something most people do not find out until it is too late. If you get married in Ontario and later separate without a marriage contract, the rules that govern how your property is divided are set by the Family Law Act. You do not get to customize them. Even before the marriage contract conversation, you should probably take a moment to understand what the standardized rules are!
You do not get to opt out of the parts that you don’t like after the fact. The Family Law Act is a one-size framework and one size does not fit all.
A marriage contract allows you to write rules that fit your life. It is not about gaming the system. Search for a prenuptial agreement lawyer that is non-confrontational and collaborative, and they can help you and your fiancé create a blueprint for your future. It’s like premarital therapy with a legal document at the end. You come out by replacing a blunt, generic framework with something that reflects your specific circumstances, your shared values, and your mutual agreement.
So, What Exactly Is a Marriage Contract?
In Ontario, a marriage contract (sometimes called a prenuptial agreement or “prenup”) is a legal agreement you and your partner sign before getting married. It sets out how your finances, property, and other important matters will be handled both during your marriage and if the relationship ends, whether through separation, divorce, or death.
A marriage contract can cover:
• How property you each owned before marriage will be treated
• How property or debt acquired during the marriage will be divided
• What happens to the family home
• Spousal support (called alimony on TV!) whether it will be paid, and how much
• How inheritance or gifts will be handled
• Financial arrangements specific to your situation, like a family business or investments
A marriage contract cannot cover:
• Anything related to children, any about children is always decided based on the child’s best interests at the time, not in advance
• Anything illegal or that goes against public policy
Knowing what a marriage contract can and cannot do is the first step in deciding whether one makes sense for you.
The Myths That Stop Couples From Having This Conversation
“Only wealthy people need one.” Not true.
Marriage contracts are not just for people with trust funds or real estate portfolios. They are for anyone who has assets they have worked hard for, who owns a business, who has children from a previous relationship, or who simply wants clarity. In a province where the average home price in many cities exceeds a million dollars, protecting the equity you bring into a marriage is not a privilege, it is common sense.
“It means we do not trust each other.” Also not true.
Think of it like a will. You do not make a will because you are planning to die soon, you make one because you want to take care of the people you love. A marriage contract is the same idea. It is a practical document that reflects your shared values and protects both of you.
“We will just split everything 50/50 anyway, so why bother?” Even if you owned it before marriage?
Here is where it gets important, especially around the family home, legally known as the matrimonial home. See more on this below!
The Matrimonial Home: What Ontario Law Actually Says
Under Ontario’s Family Law Act, the matrimonial home is treated differently from all other property. If you and your spouse separate, the home is split 50/50 no matter who paid for it, no matter whose name is on the title, and no matter if one spouse brought it into the marriage mortgage-free.
That means if you owned your home before you got married your spouse is still entitled to half the value of that home on separation. In a market where properties have appreciated dramatically, this is not a minor technicality. It can represent hundreds of thousands of dollars.
This surprises a lot of people. It should not have to. And, a marriage contract can address this directly.
Getting a Marriage Contract: Your Options
When it comes to getting a marriage contract drafted, couples generally have a few paths:
The kitchen table approach (or AI-drafted agreement)
Some couples try to draft an agreement themselves or use an AI tool to generate one. The problem is the enforceability. Without proper financial disclosure, independent legal advice, and a lawyer who understands Ontario family law, you may have a document that looks official but cannot hold up in court. Not such a great insurance policy but better than nothing!
The big law firm route
Traditional family law firms can absolutely draft strong marriage contracts but the hourly billing model can make the process feel stressful and expensive. Legal fees add up quickly, especially if there are multiple drafts or extended negotiations. For some clients, this is the right fit. For many, it creates unnecessary anxiety around an already sensitive conversation.
The Angrove Law approach
At Angrove Law, we do things differently. We are a virtual boutique Ontario law firm, which means no office overhead, no downtown parking, and no awkward waiting rooms. We meet with clients online, on their schedule.
We believe that legal services should be accessible and transparent. That means plain-language explanations, flat fees transparent, and a process that does not want you to start fighting with your fiancé before the wedding day.
The Bottom Line
A marriage contract will not predict the future. It will not prevent heartbreak or guarantee a happy ending. But it can give both of you a foundation of clarity and fairness that protects everything you have worked for and removes one enormous source of conflict if things do not go as planned.
— Hilary Angrove, Founder of Angrove Law
Angrove Law is a boutique virtual law firm in Ontario that provides family law and business law services at flat rates. The firm was co-founded by Hilary Angrove and Mark Taylor, a husband and wife duo who prioritize accessible legal services, whether by using technology to decrease prices or by making the law approachable and simple.
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