Legal Insights

In my marriage certificate (dower) from Iran, it states that my husband must pay me a sum of money on demand. We now live in Ontario. Is this contract enforceable in Ontario? According to section 58(a) of the Family Law Act: "The manner and formalities of making a domestic contract and its essential validity and effect are governed by the proper law of the contract, except that, a contract of which the proper law is that of a jurisdiction other than Ontario is also valid and enforceable in Ontario if entered into in accordance with Ontario’s internal law." Furthermore, according to section 52(1)(d) of the Family Law Act: "Two persons who are married to each other or intend to marry may enter into an agreement in which they agree on their respective rights and obligations under the marriage or on separation, on the annulment or dissolution of the marriage or on death, including, any other matter in the settlement of their affairs." In addition, pursuant to section 55(1) of the Family Law Act: "A domestic contract and an agreement to amend or rescind a domestic contract are unenforceable unless made in writing, signed by the parties and witnessed." In Ghavamshirazi v. Amirsadeghi, the...

A mahr is a type of marriage agreement that contains particular conditions regarding payments, in the form of cash or in the form of property, that the husband would be required to give his wife in the event of divorce, or if he dies. In the Muslim tradition, Muslim marriage contracts must include a mahr, even if the marriage takes place in Canada, the United States, or elsewhere. A concept upon which a mahr is drafted is as a gift that a husband agrees to give his wife at the time of marriage; however, usually this payment is only given and enforced if the marriage ends, or if the husband dies. The value outlined within this form of marriage agreement varies, depending on the financial situation of the husband at the time of the marriage. Though usually the parameters refer to money, the agreement may outline jewelry, gold or any other valuables or property that the husband owns. The purpose underlying the drafting and signing of a mahr is that wives, in the Muslim tradition, obtain some form of financial security in the event that she can no longer rely on her husband to support her financially. In Canada, there...

A pre-nuptial agreement is also known as a marriage contract or a "pre-nup." A pre-nuptual agreement is a type of domestic contract that can be made in the province of Ontario between two individuals who intend to get married. The pre-nuptual agreement itself lays out what will happen if the parties divorce in the future, such as the terms of any divorce. Provisions in these types of agreements may include, but are not limited to division of property and spousal support in the event that the couple gets a divorce in the future. In order to make the agreement more resistant to attack, parties ought to: Exchange financial disclosure; and, Have independent legal advice. In order for a pre-nuptial agreement to be legally binding, the agreement must be in writing, signed, and witnessed. A post-nuptial agreement is similar to a pre-nuptial agreement. The only major difference between the two is that a post-nuptial agreement is executed after the couple is legally married. For more information on pre-nuptial and post-nuptial agreements, as well as the services provided by Krol & Krol in the area of family law, call 905.707.3370.

A marriage contract (also referred to as a prenuptual agreement) determines specified issues between a married couple if the marriage comes to an end. These contracts may deal with issues such as spousal support and property. Once you are married, you and your spouse may still sign a marriage contract. If you are the party who would like a marriage contract in place and you get married without a marriage contract, your spouse may thereafter decline to sign the contract. Therefore, it may be preferable for these issues to be determined before the marriage takes place.