If you’re planning to get married in Canada and thinking ahead about how to protect your assets, you may be wondering: Can I write my own prenup? The short answer is yes – but whether it will hold up in court is another story.
A prenuptial agreement, also called a prenup or pre-marriage contract, is a legal document that outlines how assets, debts, and other financial matters will be handled during your relationship and if the marriage ends. In Canada, couples can write their own prenup, but there are legal requirements that must be met to ensure it’s enforceable.
This post explains how to write your own prenup, when legal support is necessary, and how to protect your future with a strong, clear agreement – without spending thousands on lawyers.
If I Write My Own Prenup in Canada, Is It Legally Binding?
A prenup that’s written by the couple themselves can be legally binding, but it must meet specific conditions under Canadian contract law and provincial family law. If it doesn’t meet those conditions, it may be partially or fully set aside in court.
Courts may refuse to enforce a DIY prenup if:
- One person didn’t understand what they were signing
- There was no financial disclosure, or disclosure was incomplete
- It was signed under pressure or duress
- The terms are found to be “unconscionable” or unfair
- One party didn’t get independent legal advice
In other words, writing your own prenup is possible, but skipping key steps could leave you legally unprotected.
Writing Your Own Prenup
Pros and Cons of DIY Agreements
Pros:
- Cost-effective: You avoid high legal fees
- Collaborative: You can create it together in your own words
- Flexible: You can work on your own timeline
Cons:
- Risk of errors: Mistakes or omissions can make the agreement unenforceable
- Lack of legal protection: Without legal advice, it may not hold up in court
- Emotional strain: Important details may be overlooked or misunderstood
Jointly has built a middle ground between writing your own prenuptial agreement, and getting costly, bespoke legal advice. Our lawyer built platform can help you learn about the law in your province and build your own agreement together, from the comfort of your couch.
Risks of Skipping Legal Guidance
You might be tempted to skip the lawyers altogether. But here’s the catch: if the prenup is ever challenged, courts will want to know that both parties:
- Understood the agreement
- Disclosed their full financial situation
- Signed voluntarily and without pressure
Skipping legal advice could put your entire agreement at risk – especially if one person later argues they didn’t understand what they were signing.
Creating a Strong and Enforceable Agreement
How to Get a Prenup Online
Thanks to online tools, you don’t always need to go to a lawyer’s office to create a valid prenup. You can:
- Use a prenup contract template (risky if not customized or written for your province)
- Use Jointly’s guided platform to build a legally compliant agreement
- Look for lawyers in your province that offer virtual consultations
If you’re wondering how to get a prenup in Canada that’s fast, affordable, and legally sound, Jointly is the only digital platform offering Canadians a middle ground.
Using Jointly’s Tools to Simplify the Process
Jointly makes prenups simple and accessible. Couples can create agreements together online using a step-by-step tool designed by family lawyers.
With Jointly, you can:
- Draft a customized agreement based on your goals
- Get guidance in plain English – no legal jargon
- Download your draft and take it to a lawyer for independent legal advice if needed
- Finalize your prenup faster and more affordably than ever before
Jointly is designed to keep you compliant while keeping the process low-stress.
Working with Legal Professionals
When to Consult a Lawyer
You should strongly consider using Jointly’s platform or working with a lawyer if:
- You have significant assets or debts
- One or both of you owns a business
- You’ve been previously married or have children from another relationship
- You want to include spousal support terms
- You want to ensure enforceability
If your prenup ever ends up in court, you want to know that your prenup was made in accordance with the law in your province.
Benefits of Legal Support for Complex Cases
Even if you’ve written your prenup yourself, a lawyer can:
- Flag red flags or unenforceable clauses
- Recommend adjustments based on provincial law
- Provide a certificate of independent legal advice to strengthen enforceability
This small investment of time and money now can save you from stress and financial hardship later.
Legal Requirements in Canada
Are Prenups Legally Binding?
Yes – prenups are legally binding in Canada if they meet the right criteria. But not all agreements are created equal. Courts have the power to set aside prenups that:
- Violate public policy
- Are heavily one-sided
- Were signed under unfair circumstances
That’s why the quality and fairness of your prenup matters as much as the content itself.
What Makes a Prenup Enforceable in Court
Here’s what makes a prenuptial agreement enforceable:
- Written and signed by both parties
- Full financial disclosure
- Voluntary consent, without pressure
- Fair and reasonable terms, particularly around support or future needs
Don’t underestimate the importance of these legal checks – this is where many DIY prenups fall short.
Understanding Prenuptial Agreements
What Is a Prenuptial Agreement?
A prenuptial agreement, also known as a pre marriage contract, is a written legal contract between two people who are planning to get married. It outlines how financial matters will be handled during the marriage and in the event of separation, divorce, or death.
If you’re asking what is a prenuptial agreement, think of it as a financial roadmap for your relationship, covering everything from property ownership to debt management.
Protecting Your Future with a Prenuptial Agreement
A prenup isn’t just about breakups – it’s about clarity, transparency, and peace of mind. It can help couples:
- Avoid costly legal battles
- Set clear expectations around finances
- Protect children from previous relationships
- Safeguard business assets or inheritances
Whether you’re in your 20s or 50s, prenup laws in Canada allow you to take control of your future together.
What a Prenup Can Include
Assets, Debts, and Property Ownership
Your prenup can outline:
- Who owns what before the marriage
- How you’ll divide property acquired during the marriage
- How to handle shared purchases or major financial decisions
- Whether jointly owned assets will be divided 50/50
Equal division rules apply by default in Canada for married couples unless you have a prenup that says otherwise.
Spousal Support and Inheritance Planning
You can also use your prenup to:
- Agree on spousal support terms (or waive it)
- Protect inheritances or gifts
- Set out financial responsibilities during the marriage
- Clarify how debts will be handled
Just be sure to avoid clauses that violate family law – for example, custody or parenting time can’t be decided in a prenup. This is because courts have decided that custody and parenting time have to be decided based on what is in the best interest of the child at the time of separation.
Timing and Post-Marriage Options
When to Sign a Prenup
Ideally, a prenup should be signed well in advance of your wedding – a few months before, not the week before. Last-minute agreements are more vulnerable to legal challenges due to pressure or time constraints.
Many experts recommend having your agreement finalized at least 30 days before the wedding to reduce the risk of it being challenged later. If you missed this timeline, don’t panic. Postnuptial agreements are available!
Can You Create One After Marriage?
Yes – you can! If you’re already married and want to create a similar agreement, you can sign a postnuptial agreement, sometimes called a marriage contract in Canada. These are governed by the same laws and principles as prenups and cover all of the same subjects. The only difference is that it is signed after the wedding.
So if you’re asking can you have a prenup after marriage, the answer is yes – you just call it something different.
Common Questions About Prenups
Do Prenups Expire?
Prenups don’t automatically expire in Canada. However, they can become outdated if circumstances change significantly. That’s why it’s a good idea to review your prenup every few years, or after major life events like having children or buying property.
How Long Does It Take to Finalize One?
If you use a platform like Jointly, you can complete a prenup in as little as 20 minutes (if you know what you want to include). If you’re working with lawyers, it may take a few weeks depending on complexity and availability.
Where to Get a Prenup
You can get a prenup from:
- A family lawyer
- Jointly’s online legal platform
- A template (use caution and make sure it complies with your province’s laws)
For couples asking where to get a prenup, starting online is often the fastest and most affordable path forward.
Why Choose Jointly for Your Agreement
At Jointly, we believe everyone deserves access to legally sound, affordable prenuptial agreements. Our platform was built by legal professionals to help Canadian couples:
- Create agreements together online
- Understand their rights with clear, jargon-free guidance
- Stay compliant with provincial family law
- Save time and money compared to hiring traditional lawyers
You can start your prenup for free with our Prenup Starter Kit, then upgrade when you’re ready to build your agreement. It’s everything you need to protect your relationship – and your future.
Start your agreement now.
I founded Jointly because I want to empower more Canadians with the knowledge and tools to create relationship agreements that work for them, at a price they can afford. My big dream? That reaching more Canadians with Jointly ultimately keeps more families out of the court system when relationships breakdown, which can be slow, expensive and traumatic. (I may or may not have personal experience with this 😅)
When I'm not lawyering, I'm most likely hiking with my dogs, kayaking the coastal waters around North Vancouver, or hitting the sauna and cold plunge.
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