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Overview of Marriage Agreement

Overview of Marriage Agreement   What is this document? A Marriage Agreement is an agreement entered into by a married couple, or two people intending to marry on a specified date. &n...

Gramma Might Need a Prenup Too

This article considers the not uncommon situation where a senior falls in love with another senior and decides to marry. Both spouses have accumulated assets and have children. One or both may have di...

Is a Waiver a Good Strategy to Protect a Family Business from Marital Breakup?

If a spouse operates or owns a family business, one strategy to protect that business would be to enter into a marriage contract that contains a waiver by the non-owner spouse of the owner spouse’s ...

Marriage Contracts and Child Support

Parties to a marriage contract cannot waive their obligations to provide support for their own children. However, if your spouse has brought children from a previous relationship into the marriage, yo...

Was the Marriage Contract Signed under Duress?

The article discusses the high profile case of McCain v. McCain (currently on appeal to the ONCA). After 15 years of marriage, the spouses entered into a marriage contract under which the wife waived ...

The Marriage Contract is a Couple’s Self-Made Law

In Ontario, there is a default statutory regime that governs matrimonial property. However, if a couple preparing to wed or an already married couple wishes to avoid the default statutory regime, the ...

No Marriage Contract: a $60 Million Mistake for Gwen Stefani?

A marriage contract can save grief and tension between two splitting parties. By outlining the terms, prior to the dissolution of the relationship, and before the relationship/marriage begins, both pa...

Trending: Ins and Outs of a Pre-Nup

The idea of creating a prenuptial marriage contract may sound unromantic but it is an idea that is quickly becoming quite common. The article draws an analogy between a seat belt and a marriage contra...

The Second Marriage: Will a Marriage Contract Give Financial Protection?

People who marry later in life and have accumulated assets (or debts) or are entering second marriages and have experienced the process of an acrimonious division of assets, are among those who may be...

What Can be Included in Marriage Contracts?

Parties may enter into marriage contracts to address issues they could face during their marriage and that may arise upon the breakdown of marriage. Because parties can customize a marriage contract t...

There is No One-Size-Fits-All Marriage Contract

Parties usually enter into marriage contracts to protect their property and finances in case of a breakdown of marriage. Thus, many marriage contracts deal with property division and support. However,...

Why Independent Legal Advice is Crucial to Finalizing Terms of a Marriage Contract

Lawyers who accept independent legal advice (ILA) mandates with respect to domestic contracts should not assume this task lightly and should take the time to analyze all the terms of the proposed marr...

How to Increase the Likelihood that Releases and Waivers in Marriage Contracts will be Enforceable

Marriage contracts and prenuptial agreements may have full release and waiver clauses embedded but they may not be enforceable. Section 33(4) of the Family Law Act in Ontario provides that a court may...

Changes in Marriage Contracts since Ancient Egyptian Times

Some may think entering into marriage contracts is a recent trend. However archeological evidence shows the contrary: marriage contracts have been around for quite some time - since ancient Egyptian t...

Family Farms and Marriage Contracts

Many farm owners have a personal, emotional, and familial attachment to their farm. For this reason, it is especially important for farm owners to consider protecting their farm upon marital breakdown...

How to Make Marriage Contracts Less Vulnerable to Attack

Under subsection 56(4) of the Ontario Family Law Act (FLA), a court may set aside a marriage contract if it finds that there was a failure to disclose significant assets and liabilities at the time a ...
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