Personal Legal Services

A marriage contract (sometimes called a prenuptial agreement or prenup) is a legal agreement between two people who are married or intend to marry. It sets out how property, debts, and spousal support will be handled during the marriage, on separation, or on death. In Ontario, marriage contracts are governed by Part IV of the Family Law Act. A marriage contract allows you to opt out of Ontario's default property division rules, protect assets you owned before marriage, exclude business interests or family inheritances from equalization, and establish terms for spousal support. Marriage contracts cannot deal with child custody, child support, or rights to possession of the matrimonial home during the marriage.

Yes. Despite the term "prenuptial," marriage contracts can be signed before or after the wedding. The formal requirements are the same: the contract must be in writing, signed by both parties, and witnessed. Signing after marriage does not make the agreement less enforceable, provided the other legal requirements are met.

Under section 55(1) of the Family Law Act, a marriage contract must be in writing, signed by both parties, and witnessed. Beyond these formal requirements, courts may set aside a contract under section 56(4) if a party failed to disclose significant assets or debts, a party did not understand the nature or consequences of the contract, or otherwise in accordance with the law of contract (which includes grounds such as unconscionability, duress, undue influence, or misrepresentation). To maximize enforceability: both parties should make full financial disclosure, both parties should obtain independent legal advice from separate lawyers, and the terms should be fair and reasonable at the time of signing. Courts give significant deference to contracts where both parties had legal advice and made informed decisions.

Marriage contracts cannot limit rights to possession of the matrimonial home during the marriage. Under section 52(2) of the Family Law Act, you cannot agree in advance that one spouse will move out on separation or that one spouse can sell or mortgage the home without the other's consent. Contracts also cannot determine child custody or access, as these decisions must always be made based on the child's best interests at the time. Child support provisions may be included, but courts have discretion under section 56(1.1) to disregard them if they do not meet the child's reasonable needs under the Child Support Guidelines. Finally, provisions regarding fidelity or marital conduct are unenforceable.

A cohabitation agreement is a contract between two people who are living together or intend to live together in a conjugal relationship, but who are not married. It serves a similar purpose to a marriage contract, allowing partners to define their rights and obligations regarding property, support, and other financial matters. This is particularly important because common-law partners in Ontario do not have the same automatic property rights as married couples. Without an agreement, each partner keeps only what is in their name, and making a claim to property owned by the other requires proving unjust enrichment through expensive litigation. A cohabitation agreement provides certainty and protection for both partners.

No. This is a common misconception. Under Ontario's Family Law Act, the property equalization regime applies only to married spouses. Common-law partners, regardless of how long they have lived together, do not have automatic rights to share in property held in the other partner's name. If a common-law relationship ends, each partner generally keeps what they own unless they can prove a claim for unjust enrichment or constructive trust. These claims are difficult, expensive, and outcomes are uncertain. Common-law partners may be entitled to spousal support if they have cohabited for at least three years or have a child together, but property division works very differently than for married couples. A cohabitation agreement can establish property rights that common-law partners do not otherwise have.

Under section 53(2) of the Family Law Act, a cohabitation agreement becomes a marriage contract automatically if the parties marry, unless the agreement provides otherwise. This means the terms you agreed to while living together will continue to govern your relationship after marriage. If you want different terms to apply once married, your cohabitation agreement should specify this, or you should negotiate a new marriage contract before or after the wedding. Note that any provisions limiting rights to possession of the matrimonial home become unenforceable upon marriage under section 52(2).

A separation agreement is a contract between two people whose relationship has ended, whether married or common-law. It addresses all the issues arising from the separation, including property division, spousal support, child custody, parenting time, child support, and division of debts. A separation agreement allows couples to resolve matters privately rather than through court litigation. Once signed, it is a legally binding contract. Separation agreements for married couples can be incorporated into a divorce judgment, making the terms enforceable as a court order.

Like all domestic contracts under the Family Law Act, a separation agreement must be in writing, signed by both parties, and witnessed. Both parties must make full financial disclosure. Each party should obtain independent legal advice from their own lawyer. The terms should be fair and reasonable. Courts can set aside a separation agreement if there was no proper financial disclosure, if one party did not understand the agreement, or if the terms are unconscionable. Child support provisions can be reviewed by a court under section 56(1.1) if they do not meet the child's reasonable needs under the Child Support Guidelines. Child custody and access provisions can always be changed if they are no longer in the child's best interests.

Legally, yes. Practically, it is risky. Separation agreements deal with complex issues including property valuation, pension division, tax consequences, spousal support calculations, and child support obligations. An agreement that does not properly address these issues may be unenforceable or may result in unfair outcomes. More importantly, if one party later claims they did not understand the agreement or were taken advantage of, the agreement may be set aside. Having both parties represented by independent lawyers significantly increases the likelihood that the agreement will be upheld if challenged.

A marriage contract is made before or during a relationship to govern what happens if the relationship ends. A separation agreement is made after the relationship has already ended to resolve the specific issues arising from that separation. Marriage contracts deal with hypothetical future scenarios. Separation agreements address the actual circumstances at the time of separation, including the actual value of property, the parties' current incomes, and the children's current needs. Both are domestic contracts under the Family Law Act and share similar formal requirements, but they serve different purposes and are signed at different points in a relationship.

Independent legal advice means receiving legal counsel from a lawyer who represents only your interests, not the other party's or anyone else's. The lawyer reviews the agreement or document with you, explains what it means, identifies any risks or concerns, ensures you understand the legal consequences of signing, and confirms that you are signing voluntarily. The lawyer then provides a certificate confirming that ILA was given. ILA protects you by ensuring you make informed decisions and protects the agreement by reducing the risk that it will be challenged later on the basis that you did not understand what you were signing.

ILA is commonly required or strongly recommended in several situations. While ILA is not strictly required by statute for domestic contracts to be valid, its absence is a significant factor courts consider when deciding whether to set aside an agreement under section 56(4) of the Family Law Act. For marriage contracts, cohabitation agreements, and separation agreements, ILA certificates significantly strengthen enforceability. For mortgages, lenders often require ILA where one spouse is on the mortgage but the other is not, where someone is guaranteeing another person's mortgage, or where a non-titled spouse is consenting to the mortgage. For guarantees and indemnities generally, ILA ensures the guarantor understands the obligations being assumed. For settlements and releases, ILA confirms the party understands what claims they are giving up. Even where not strictly required, ILA is prudent whenever you are signing a significant legal document.

No. By definition, independent legal advice must come from a lawyer who is not connected to the other party. If the same lawyer advised both sides, the advice would not be independent. Each party must retain their own separate lawyer. The lawyers can communicate with each other about the agreement, but each lawyer's duty is to their own client.

You will meet with the lawyer either in person or by video conference. The lawyer will review the document with you, explain each significant provision, identify any terms that may be unfair or concerning, answer your questions, and ensure you understand the consequences of signing. The lawyer will confirm that you are signing voluntarily and not under pressure. If you are satisfied and wish to proceed, you will sign the document and the lawyer will provide a certificate of independent legal advice. The meeting typically takes 30 minutes to two hours depending on the complexity of the document.

ILA fees vary based on the complexity of the document being reviewed. Simple documents may cost $300 to $500. More complex agreements, such as marriage contracts or separation agreements with significant assets, may cost $500 to $1,500 or more. The fee covers the lawyer's time reviewing the document, meeting with you, answering your questions, and providing the certificate. Contact the office for specific pricing based on your document.

In Ontario, these are distinct roles with different powers. A Commissioner of Oaths can administer oaths and affirmations, which means they can take affidavits and statutory declarations. A Notary Public has broader powers: in addition to commissioning, notaries can certify true copies of documents, authenticate documents for use in other countries, verify identity, and perform other notarial acts. Ontario lawyers are automatically Commissioners of Oaths by virtue of their licence, but lawyers must separately apply to become Notary Publics. Aleksandre Law provides both notary and commissioning services.

An affidavit is a written statement of facts that you swear or affirm to be true. It is used as evidence in court proceedings and various legal and administrative processes. When you make an affidavit, you appear before a commissioner of oaths or notary who administers an oath or affirmation and watches you sign the document. Making a false statement in an affidavit is perjury, which is a criminal offence under section 131 of the Criminal Code carrying a maximum penalty of 14 years imprisonment.

A statutory declaration is similar to an affidavit but is typically used for non-court purposes. Common uses include declaring facts for government applications, confirming identity, declaring lost documents, or providing statements required by organizations. Like an affidavit, you swear or affirm that the contents are true before a commissioner of oaths or notary. Making a false statutory declaration is also a criminal offence.

When making an affidavit or statutory declaration, you can choose to swear (a religious oath, traditionally on a holy book) or affirm (a secular, non-religious declaration). Both carry identical legal weight under section 14(2) of the Canada Evidence Act. The choice is entirely yours, and no one can require you to swear rather than affirm or vice versa. The legal consequences of making a false statement are the same regardless of which you choose.

Commissioning (administering oaths for affidavits and statutory declarations) can be done remotely via video conference since August 2020 under O. Reg. 431/20. The commissioner must verify your identity, you must be in Ontario during the video call, and the process must be recorded. However, certifying true copies cannot be done remotely. The notary must physically examine the original document and compare it to the copy. Documents requiring authentication for international use also require in-person attendance.

Almost any document can be certified as a true copy. Common documents include identity documents (passports, driver's licences, birth certificates, citizenship certificates), educational credentials (degrees, diplomas, transcripts), immigration documents (permanent resident cards, visas, work permits), corporate documents (articles of incorporation, corporate profiles), and personal documents (marriage certificates, divorce certificates). Bring the original document and a clear photocopy to your appointment. The notary will compare them and certify that the copy is a true copy of the original.

An apostille is a certificate that authenticates the origin of a public document for use in countries that are members of the Hague Apostille Convention. Canada joined the Convention on January 11, 2024. For documents being used in one of the 125+ member countries, an apostille replaces the previous two-step process of authentication and legalization. The apostille confirms that the notary's signature and seal are genuine. For Ontario documents, apostilles are issued by Official Documents Services. For federal documents, Global Affairs Canada issues apostilles.

For countries that are members of the Hague Apostille Convention: have your document notarized by an Ontario notary, then submit it to Official Documents Services (for Ontario documents) or Global Affairs Canada (for federal documents) for apostille issuance. Processing times vary and may be longer during high-volume periods. For countries that are not members of the Convention, the document must still go through the traditional two-step process: authentication by the appropriate Canadian authority, then legalization by the embassy or consulate of the destination country. The requirements vary by country, so check with the relevant embassy before proceeding.

If a child is travelling internationally with only one parent, or with neither parent (such as with grandparents or a school group), a consent letter from the absent parent or parents is strongly recommended. While Canadian law does not require this letter, many countries require proof of parental consent for children entering without both parents, and airlines or border officials may request documentation. The letter should include the child's information, travel details, information about the accompanying adult, and clear consent from the absent parent. Having the letter notarized adds authenticity and may be required by some countries.

The Residential Tenancies Act, 2006 (RTA) governs most residential tenancies in Ontario. It applies to rental units in houses, apartments, condominiums, and secondary units like basement apartments. It sets out the rights and responsibilities of landlords and tenants regarding rent, repairs, privacy, evictions, and dispute resolution. The RTA does not apply if you share a kitchen or bathroom with the landlord, to most student residences, to certain care homes, or to emergency shelters. If the RTA applies to your tenancy, your landlord cannot evict you without following the proper legal process through the Landlord and Tenant Board.

A landlord can only evict a tenant for reasons permitted by the Residential Tenancies Act. Common grounds include non-payment of rent, persistent late payment, causing damage, illegal activity, substantially interfering with others' reasonable enjoyment, the landlord or their family member requiring the unit for their own residential use, or major renovations requiring vacant possession. The landlord must give proper written notice using the correct form and cannot simply tell you to leave. If you do not agree with the notice or do not move out, the landlord must apply to the Landlord and Tenant Board. Only the Board can issue an eviction order, and only the Sheriff can enforce it. Changing locks or cutting off utilities to force a tenant out is illegal.

The Landlord and Tenant Board (LTB) is a tribunal that resolves disputes between residential landlords and tenants in Ontario. It handles applications for eviction, rent arrears, above-guideline rent increases, maintenance issues, and other matters under the RTA. Both landlords and tenants can file applications. The LTB holds hearings (often by video conference), considers evidence, and issues orders that are legally binding. Parties can represent themselves or have legal representation.

You can represent yourself at the LTB, and many people do. However, depending on the complexity of your matter, legal representation can be valuable. Lawyers can help you understand your rights, prepare proper evidence, present your case effectively, and navigate procedural rules. For straightforward matters like simple rent arrears, self-representation may be adequate. For complex matters involving bad faith evictions, allegations of harassment, or significant claims for compensation, legal assistance is advisable. Licensed paralegals can also represent parties at the LTB.

Do not panic and do not move out immediately. An eviction notice from your landlord is only the first step. You do not have to leave until the Landlord and Tenant Board issues an eviction order and the Sheriff enforces it. Review the notice carefully to understand what it alleges and the termination date. If the notice relates to non-payment of rent and you pay the arrears before the termination date, some notices become void. If your landlord files an application with the LTB, you will receive a hearing date. Attend the hearing and present your side. You may have valid defences or be entitled to relief from eviction. Consider seeking legal advice to understand your options.

For most tenancies, a landlord can only increase rent once every 12 months and must give at least 90 days written notice using the proper form. The increase cannot exceed the annual rent increase guideline set by the Ontario government (2.1% for 2026) unless the landlord obtains approval from the LTB for an above-guideline increase. Above-guideline increases can be approved for extraordinary capital expenditures, certain operating costs, or security services. Rent increase rules do not apply to certain newer buildings first occupied after November 15, 2018. If your landlord attempts an illegal rent increase, you can file a complaint with the LTB.

Fees depend on the service required. Simple notarizations and commissioning start at $25 to $50 per document. Certified true copies are typically $50 to $75. Travel consent letters are $75 to $150. Independent legal advice appointments range from $300 to $1,500 depending on document complexity. Marriage contracts, cohabitation agreements, and separation agreements are quoted based on the specific circumstances. Contact the office to discuss your needs and receive a fee quote.

Yes, appointments are required for all services to ensure you receive focused attention and that all necessary materials are prepared. Evening and weekend appointments are available.

For many services, yes. Commissioning of affidavits and statutory declarations, independent legal advice consultations, and general legal consultations can be conducted by video conference. However, certified true copies and notarizations for authentication or apostille require in-person attendance because the notary must physically examine the original document.

Bring valid government-issued photo identification. For commissioning or notarization, bring the document to be signed and any supporting documents. For certified true copies, bring both the original document and a clear photocopy. For ILA appointments, bring the agreement to be reviewed. For family agreement consultations, bring relevant financial information including asset values, debts, and income details. If you are unsure what to bring, contact the office in advance.

Possibly. Aleksandre Law handles a range of personal legal matters beyond those specifically listed. If you have a legal issue and are unsure whether it is something this practice can help with, contact the office to discuss. If the matter falls outside the practice areas, a referral to an appropriate lawyer can often be provided.