Liste de contrôle
Une rangée par sujet catalogue, pour les deux instruments. Une rangée vide est une lacune du dossier, pas une affirmation d'absence de loi.
formalities
A marriage contract must be in writing, signed by the parties, and witnessed. Ontario does not use Québec notarial form as the formation rule.
acknowledgment
A marriage contract must be in writing, signed by the parties, and witnessed. Ontario does not use Québec notarial form as the formation rule.
property
Married spouses have a Part I equalization claim against net family property unless a valid domestic contract says otherwise within the Act’s limits. The matrimonial home has special treatment; a marriage contract cannot limit possessory rights in the matrimonial home in the way some other property clauses can.
permitted_subjects
A marriage contract typically addresses property, debts, and sometimes support between spouses. Public-order limits (Québec family patrimony; child support everywhere) still apply.
spousal_support
Spousal support can be addressed in a domestic contract, but later override under the FLA/Divorce Act remains a lawyer question. Do not treat a waiver as a court result.
child_support
Child support and custody/parenting cannot be bargained away as if they were ordinary property. Flag any child-support waiver for counsel.
voluntariness
s. 56(4) lists setting-aside grounds including failure to disclose significant assets or debts, failure to understand the nature or consequences of the contract, and other grounds in the law of contract. Independent legal advice is a practical and evidentiary issue, not a magic phrase that saves a contract.
financial_disclosure
The Supreme Court of Canada treated inadequate financial disclosure and exploitation of vulnerability as reasons a negotiated family agreement may not stand.
independent_counsel
Canadian family agreements often stand or fall partly on whether each party could get advice. That is not a uniform statutory certificate across provinces, and Québec notarial counseling is a different professional model from common-law ILA letters.
timing
A first draft delivered immediately before a wedding is a voluntariness and understanding fact. Canada does not use a single U.S.-style statutory waiting period in these packs.
limitations
Do not import U.S. UPAA waiting periods or Swedish Skatteverket registration into Ontario analysis.
formalities
A cohabitation agreement must be in writing, signed by the parties, and witnessed (s. 55).
acknowledgment
A cohabitation agreement must be in writing, signed by the parties, and witnessed (s. 55).
property
Equalization of net family property in Part I is a married-spouse machine. Unmarried partners do not get that statutory equalization. A cohabitation agreement is how they allocate property by contract. Some support rights can arise after three years of cohabitation or a child of the relationship.
permitted_subjects
A cohabitation agreement typically addresses property and debts between unmarried partners. It cannot manufacture a statutory regime the province does not confer, and it cannot replace a will.
spousal_support
Spousal support can be addressed in a domestic contract, but later override under the FLA/Divorce Act remains a lawyer question. Do not treat a waiver as a court result.
child_support
Child support and custody/parenting cannot be bargained away as if they were ordinary property. Flag any child-support waiver for counsel.
voluntariness
s. 56(4) lists setting-aside grounds including failure to disclose significant assets or debts, failure to understand the nature or consequences of the contract, and other grounds in the law of contract. Independent legal advice is a practical and evidentiary issue, not a magic phrase that saves a contract.
financial_disclosure
The Supreme Court of Canada treated inadequate financial disclosure and exploitation of vulnerability as reasons a negotiated family agreement may not stand.
independent_counsel
Canadian family agreements often stand or fall partly on whether each party could get advice. That is not a uniform statutory certificate across provinces, and Québec notarial counseling is a different professional model from common-law ILA letters.
timing
A cohabitation agreement signed years into a relationship, or a 'prenup' signed while unmarried just before a wedding, raises classification and transition questions. Marriage usually moves the couple onto the marriage-contract / marital-property statute.
limitations
Do not import U.S. UPAA waiting periods or Swedish Skatteverket registration into Ontario analysis.