Pre-Nuptial and Separation Agreements

Planning to marry, or putting the terms of a separation in writing? Family agreements deal with important matters, and they need to be signed properly. At Notary on Main in Brampton, we notarize signatures on pre-nuptial and separation agreements, including agreements that will be used outside Canada, in English, Portuguese and Spanish.

What are pre-nuptial and separation agreements?

In Ontario, these agreements are called domestic contracts under the Family Law Act:

  • A marriage contract, often called a pre-nuptial agreement or "prenup", can be made before or during a marriage. It usually deals with how property will be divided and with support if the relationship ends. A marriage contract cannot decide parenting arrangements for children.

  • A separation agreement is made when a couple separates. It can deal with property division, support and parenting arrangements for children (decision-making responsibility and parenting time).

Arrangements about children in any agreement can be reviewed by a court based on the child's best interests.

Signing requirements in Ontario

Under Ontario's Family Law Act, a domestic contract must be in writing, signed by the parties and witnessed. Notarization is not required for an Ontario domestic contract to be valid, but it is often requested, for example when the agreement will be used outside Canada or when an institution asks for it.

Independent legal advice. Each person should get advice from their own lawyer before signing. Independent legal advice, together with full financial disclosure, helps make sure that each person understands the agreement and signs it freely, and it reduces the risk that the agreement will be set aside later. Notarization does not replace independent legal advice.

If the agreement will be used in another country, check that country's requirements: some countries have their own formal rules for agreements between spouses.

How Notary on Main can help

  • We notarize signatures. We confirm your identity, you sign in front of the notary, and we notarize your signature.

  • We certify copies. We compare copies with the original documents and certify them as true copies.

  • For use in Ontario and abroad. Our notarizations can be used in Ontario and, with an apostille or authentication where required, in other countries.

Please note: notarizing a signature confirms the identity of the person signing and that they signed in front of the notary. It is not legal advice on the agreement, and our notary service does not prepare or review it. For legal advice on your agreement, please consult your own family law lawyer; each person should have their own.

Documents for use abroad: apostille and authentication

Many countries need proof that the notary's signature and seal are genuine. This step is done by the government, not by the notary:

  • Apostille. Canada joined the Hague Apostille Convention effective January 11, 2024. In Ontario, Official Documents Services (ODS) issues apostilles for documents notarized by an Ontario notary public, for use in Convention countries.

  • Certificate of authentication. For countries that are not members of the Convention, ODS issues a certificate of authentication instead. The destination country's consulate may then need to legalize it.

If your document is not in English or French, ODS requires a translation before it can be authenticated. Always check with the person or institution receiving the document which steps they require.

More information: our Apostille page, Ontario: Authenticate a document for use outside Canada.

What to bring

  • Valid government-issued photo ID. For example, a passport or a Canadian driver's licence. For documents to be used abroad, we recommend the passport of the country where the document will be used, or your Canadian passport.

  • Your agreement, unsigned. You will sign it in front of the notary. Please do not sign it beforehand. Each person signing must attend and bring valid photo ID.

  • Witnesses. An Ontario domestic contract must be witnessed. Please ask us when you book how witnessing will be handled for your agreement. Any witness you bring must also bring valid government-issued photo ID.

Languages

We notarize documents in English, Portuguese and Spanish. Service in Hindi and Punjabi is also available with Priya Kaushal, a member of our team.

Book an appointment

Call or email us to book. Tell us what the document is and where it will be used, and we will confirm what to bring and give you a quote.

Notary on Main, the notary division of Orlando Santos | Law Firm

195 Main Street North, Upper Floor, Brampton, ON L6X 1N2

Hours: by appointment only. Tuesdays, Wednesdays, and Thursdays, 1 PM to 6 PM. Other times on request.

Phone: (647) 963-9227

Email: orlando@santoslawpc.com

See all our Critical Documents.

Helping people with essential documents since 1984.

This page is general information, not legal advice.

Fees

Contact us for a quote. Government apostille or authentication fees, and any consulate fees, are separate and are paid to those offices.