Mehr (Mehrieh) and Separation in Ontario:

How Is It Treated During Property Equalization?

Understanding Mehr (Mehrieh) in Ontario Family Law

Many couples who marry under Islamic traditions enter into a Mehr (or Mehrieh) agreement as part of their marriage contract. A Mehr is a promise, often made by the husband, to provide the wife with a specified amount of money, gold coins, property, or another asset either immediately or upon demand.

A common question that arises during separation or divorce is:

Will my Mehr be considered separately from property division, or will it be included in the equalization process?

The Ontario Court of Appeal addressed this issue in Bakhshi v. Hosseinzadeh, 2017 ONCA 838, providing important guidance on how Mehr agreements are treated under Ontario family law.

What Did the Court Decide?

In Bakhshi v. Hosseinzadeh, the parties were married in Iran and had entered into a Mehr agreement requiring the husband to pay the wife 230 gold coins upon her request. After immigrating to Canada and later separating, the issue before the court was whether the Mehr should be excluded from the parties’ Net Family Property calculations.

The Ontario Court of Appeal held that:

A Mehr is generally not automatically excluded from the equalization process.

Unless the parties have expressly agreed otherwise, the value of the Mehr must be included when calculating each spouse’s Net Family Property under Ontario’s Family Law Act.

How Is a Mehr Treated During Equalization?

The Court essentially treated the Mehr as a contractual debt between spouses. On the date of separation:

The spouse who is obligated to pay the Mehr may have it treated as a debt;
The spouse entitled to receive the Mehr may have it treated as an asset or receivable; and

• Both values are taken into account when calculating each party’s Net Family Property and determining any equalization payment.

This means that a spouse is generally not entitled to receive the full value of the Mehr in addition to a completely separate equalization payment, unless the marriage contract specifically provides for such treatment.

Can a Mehr Be Excluded From Equalization?

Yes, but only if the parties have clearly agreed to do so.

The Court emphasized that parties may contract out of Ontario’s default property division rules. However, any intention to exclude the Mehr from equalization must be explicit and unambiguous in the marriage contract or a separate domestic contract.

If the agreement does not contain clear wording excluding the Mehr from Net Family Property calculations, Ontario courts will generally include it in the equalization process.

Why This Matters

Many individuals mistakenly believe that a Mehr is automatically enforceable as a separate entitlement regardless of Ontario family law.

That is not necessarily the case.
Every Mehr agreement must be carefully reviewed in light of:

The wording of the marriage contract;
Where and how the marriage was performed;
Whether the agreement is enforceable under Ontario law;
Whether the parties intended to exclude the Mehr from equalization; and
The parties’ overall property and financial circumstances.

Seeking Legal Advice

If you have a Mehr or Mehrieh agreement and are contemplating separation or divorce, it is important to obtain legal advice early in the process.

The treatment of a Mehr can significantly impact your property rights and financial entitlements. An experienced family lawyer can review your marriage contract, determine its enforceability, and advise you on how it may affect the equalization of Net Family Property under Ontario law.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult a family lawyer regarding your specific circumstances.

Disclaimer: This article is intended for informational purposes only and does not constitute legal advice. Every case is unique, and you should consult a qualified family lawyer to obtain advice specific to your circumstances.

Meet Maral

Maral began her academic journey with a Bachelor of Psychology from York University, She then studied Doctor of Pharmacy at the University of Waterloo. Her deep-rooted passion for helping others ultimately led her to transition into the legal field. She earned her LL.B. from the University of Law in the United Kingdom and went on to complete her articles at a plaintiff-side personal injury firm, as well as a boutique firm in North York. There, she gained hands-on experience in multiple areas of law, including Real Estate, Family Law, and Wills & Estates. Maral brings a compassionate, client-focused approach to her legal practice, shaped by her diverse academic background and dedication to advocacy.