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.