HOW TO ENSURE YOUR MARRIAGE CONTRACT GETS TOSSED IN COURT (And How to Avoid It)

December 28, 2025
Gene C. Colman
Dispute Resolution, Family Law, Marriage Contract, Procedural Fairness, Property Division

A marriage contract should protect your future, not become courtroom confetti. Cantillo v. Inserra Estate (2025 ONSC 3425) https://canlii.ca/t/kh44p shows exactly how a flawed one gets shredded. Justice S.J. Woodley had zero trouble setting aside this 2004 deal. Here’s why it failed, and the steps to make yours stick.

The Cantillo Trainwreck: Key Failures

This long-term marriage ended in the husband’s death and corresponding disaster for the adult kids trying to uphold dad’s fatally flawed contract. In a nutshell, here is why:

(a) No negotiation process:

Husband’s lawyer drafted it solo.

(b) Effectively Flawed, Minimal financial disclosure:

No financial statements.
Husband inflated asset values thus lessening potential future liability.

(c) Power Imbalance:

Wife spoke little English, couldn’t grasp terms.
Her “lawyer” barely remembered her and issued no Independent Legal Advice (ILA) certificate.
Wife depended on husband for money, home, immigration, and unpaid work in his business.

(d) Unconscionable terms from the outset and in the result:

Contract terms found to be unconscionable given the Wife’s vulnerability and lack of bargaining power.
Husband left her with nothing after his 2020 death – his kids got everything. What? Nothing after a long-term marriage?

Optics? Stepmom cut out cold. No surprise: Court trashed the marriage contract.

Your Checklist: Build a Rock-Solid Contract

Don’t court disaster. If you are contemplating a marriage contract or a separation agreement in Ontario, then you should demand a transparent and comprehensive negotiation and disclosure process. Save money now if you wish and just hire one lawyer for both and skip financial disclosure. Plenty of people do that. But you may very likely lose a lot later. Just ask the kids of the deceased in the Cantillo case.

(a) Real Independent Legal Advice (ILA)

Each spouse retains their own family lawyer – not a quick rubber stamp. I prefer to call it “Independent Legal Representation” and not just “Advice”.
Document meetings, comprehension, and sign-off certificates. Language barrier? Get translations and bilingual counsel.

(b) Fair Negotiation Process

Back-and-forth drafts with revisions showing good faith – not “sign this or else.”
Address power gaps upfront – no duress or undue influence.
Leave ample time for contract negotiation and preparation. Two or three weeks before the marriage date? No.

(c) Full Financial Disclosure (No Shortcuts)

Exchange sworn court form financial statements.
Back up the numbers with documentary proof.
Timeline: Pre-draft, during talks, and final review. Hide anything? Fraud flag.

(d) Watch for Red Flags

For Separation Agreement situations – Mental health issues? Get a court order.
Second marriages with kids? Be careful. There is a myriad of issues here that could potentially kibosh your contract.

I’ve hammered these points for decades now. Just read a bit of my blog. Skimp here, and years later, it’s dust.

Call to Action: Protect Yourself Now

You want a marriage contract? You want to negotiate a Separation Agreement? Insist on full financial disclosure. Insist on two lawyers from the outset. Insist on a fully documented paper trail.

If you want to do it right, then contact our firm or another reputable Ontario family law firm.

If you still want to cut corners, even after reading this blog post, then I wish you luck as that is what you are going to need.

Do it right – or don’t bother. End rant.