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If you have made the decision to get married, it may be advisable to sign a marriage contract with your future spouse. You may also wish to modify your matrimonial regime over the course of your marriage, for various reasons. Such a modification must be done by a marriage contract.

What is a marriage contract?

A marriage contract is a legal contract that is created by two people before or after they get married. It enables couples to choose their matrimonial regime, with the goal to protect their property or to clearly define their rights and responsibilities in the marriage. It typically outlines the rights and responsibilities of each person in the marriage, as well as any assets or property that will be owned by the couple. A marriage contract may be signed at any time during your marriage to modify your matrimonial regime. A marriage contract may include the terms and conditions for the ownership of property, assets, and debts in the event of a divorce or death. The marriage contract can also include gifts between the spouses or to the children.

Advantages to having a marriage contract

A marriage contract can:

• Help protect the financial assets of both individuals in the event of a divorce;
• Provide clarity and transparency in the event of a divorce or death by outlining how assets will be divided and responsibilities will be shared;
• Help reduce the risk of conflict and misunderstandings during a divorce or after the death of one of the spouses by establishing clear expectations and agreements in advance;
• Provide peace of mind by allowing both individuals to enter into the marriage with a clear understanding of their financial responsibilities and obligations.

Rules vary between different jurisdictions

There are restrictions under Quebec Law for the assets forming part of the family patrimony, which are subject to mandatory legal provisions that cannot be set aside by contract between the parties. It is strongly recommended to seek legal advice in the process of negotiating your marriage contract to ensure that your contract is enforceable.

Preparing a marriage contract

To prepare a marriage contract, you will need to gather and provide the following information and documents:

• Financial information for both individuals, including details about your assets and debts;
• Information about any existing agreements or contracts, such as pre-existing prenuptial agreements or property settlements;
• A list of any items that you wish to be excluded from the partitionable property, such as gifts or inheritances;
• Any other agreements or provisions that you wish to include in the contract, such as provisions related to the division of assets in the event of a divorce or death of one of the spouses, or provisions related to donations between spouses or to your children;
• Any legal documents or supporting evidence that may be relevant to the terms of the contract, such as proof of ownership of assets or documentation of debts.

It is important to be thorough and accurate when providing this information, as the terms of the contract will be based on the information that you provide. You should also be prepared to negotiate the terms of the contract with your spouse, and to seek legal advice if necessary.

The marriage contract must be signed before a notary, who will afterwards publish the required notice on the Registre des droits personnels et reels mobiliers of Quebec.

If you would like to know if a marriage contract might be right for you or need assistance in drawing up your contract, kindly contact our team of lawyers and notaries for a consultation.