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What is required for a marriage contract to be binding?

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.