If you’re thinking about creating a prenuptial agreement, you might be wondering: can I write my own prenup and have it notarized? The short answer is yes, but there are some important things to know if you want your prenup to hold up legally and feel fair for both partners.
In this guide, we’ll walk you through how to do a prenuptial agreement yourself, what makes a prenup effective, and when it’s a good idea to get legal support.
How to Write Your Own Prenup
Writing a prenup yourself is absolutely possible. With the right tools, you can create a clear, thoughtful agreement that protects both partners and reflects your shared goals.
Steps to Drafting a Prenuptial Agreement
Here’s how to write your own prenuptial agreement in Canada:
- Have an open conversation
Talk honestly with your partner about why you want a prenup. Discuss your finances, your goals, and any concerns you have. A fair prenup starts with trust and communication. - List what you own and owe
Both partners should provide full financial disclosure. This includes assets (like real estate, savings, and investments) and debts (like student loans or credit cards). Full transparency is essential for a valid agreement. - Decide what to include
A prenup can cover how you’ll divide property if you separate, whether either of you will pay spousal support, and what happens to gifts, inheritances, or business assets. You can’t include parenting arrangements or limit child support. - Put it in writing
Use clear, plain language. This step is much harder than it sounds. Any ambiguity or conflict in the terms of your prenup can create a risk that your prenup won’t be enforceable in the future. Jointly’s platform was built by lawyers, so you can build your own prenup with confidence. - Review and sign
Each person should review the agreement carefully. Ideally, each partner gets independent legal advice before signing, in fact, in some provinces, this is legally required. This helps ensure the prenup will be considered valid later. - Sign in front of a witness
Using a notary as a witness isn’t necessary, but some provinces require that both people get independent legal advice for the agreement to be enforceable. More on that below.
Does a Prenup Need to Be Notarized?
A prenup doesn’t need to be notarized in Canada, but some provinces (like Manitoba and Alberta) require that each person get independent legal advice. That means each person takes the agreement to their own lawyer, who will review the agreement with you and ensure that you understand it before you sign it. Even if your province doesn’t require it, getting independent legal advice on your prenup helps prove that both people signed voluntarily and understood the agreement.
Are Prenups Effective?
Yes, prenups are effective when they are done properly. They’re one of the best ways for couples to make proactive, informed decisions about their finances and their future.
Factors That Make a Prenup Legally Binding
To be effective, a prenuptial agreement must meet certain legal standards:
- Voluntary: Neither person can be pressured or coerced
- Informed: Both partners understand what they are signing
- Transparent: Each person has disclosed their finances
- Fair: Courts are more likely to uphold a prenup that is reasonably fair to both people
- Compliant with local laws: Requirements vary by province
What Happens If My Prenup Isn’t Notarized?
A prenup doesn’t need to be notarized. However, if independent legal advice is required in your province and you skip it, your agreement may not be enforceable. Even where it’s not required, independent legal advice can provide valuable proof if there’s ever a dispute about the agreement.
Legal Requirements for a Valid Prenup in Canada
Each province and territory in Canada has its own family law rules. While the core elements of a valid prenup are similar across the country, it’s important to be aware of local requirements.
Provincial Differences in Prenup Rules
For example:
- Ontario and BC encourage independent legal advice but do not strictly require it.
- Manitoba and Alberta require that each person receives independent legal advice for the prenup to be valid.
- Quebec operates under a civil law system with different rules entirely.
Understanding your local laws is key to making your prenup legally sound.
When to Seek Legal Review
You don’t need a lawyer to write your prenup, but it’s a good idea to have one review it especially if your finances are complex or you want extra confidence in your agreement. Many people choose to start with a do-it-yourself prenup (like Jointly’s platform) and then get legal advice before signing.
Additional Notes on Writing Your Prenup
Can I Write My Prenup Without a Lawyer?
Yes! Many couples choose to do their own prenup using a trusted online platform like Jointly. Our process helps you through each step so you can feel confident in what you’re creating. That said, getting legal advice before signing is still a smart move, and is legally required in some provinces. When you sign up for our free Prenup Starter Kit, you’ll learn whether independent legal advice is mandatory in your province.
How to Ensure Your Prenup is Fair and Enforceable
Fairness is not just about dividing everything 50/50. It’s about each person being informed, having input, and understanding the agreement. If a prenup feels too one-sided, a court may set aside some or all of it.
Common Mistakes to Avoid When Writing a Prenup
Writing your own prenup can be empowering, but it’s easy to make mistakes that weaken the agreement.
Ensuring a Fair Prenup for Both Parties
Avoid these common issues:
- One person writes the whole agreement without input from the other
- There’s a significant imbalance in assets with no compensation
- The prenup only benefits one person
- It’s signed right before the wedding, which can suggest pressure
Jointly’s platform helps both partners stay involved and make informed choices together.
Why Full Disclosure Matters in a Prenup
A prenup is only valid if both partners have shared full and honest financial information. If you don’t disclose an asset or debt, your agreement could be challenged in court. We can’t overstate the importance of this step and if you hide something from your partner at this stage, your entire agreement is at risk.
Let’s Create Your Prenup Today
Writing a prenup is one of the most important financial planning steps you can take as a couple. Whether you’re planning a wedding or building a life together, a prenuptial agreement gives you clarity, confidence, and peace of mind.
Start with Get Jointly’s Easy-to-Use Platform
At Jointly, we make it simple to write your own prenuptial agreement. Our step-by-step online tool walks you through the process, explains key legal concepts, and helps you create a prenup that reflects your values and protects your future.
Start your prenup today and build your future together.
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