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.
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:
In other words, writing your own prenup is possible, but skipping key steps could leave you legally unprotected.
Pros:
Cons:
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.
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:
Skipping legal advice could put your entire agreement at risk, especially if one person later argues they didn’t understand what they were signing.
Thanks to online tools, you don’t always need to go to a lawyer’s office to create a valid prenup. You can:
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.
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:
Jointly is designed to keep you compliant while keeping the process low-stress.
You should strongly consider using Jointly’s platform or working with a lawyer if:
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.
Even if you’ve written your prenup yourself, a lawyer can:
This small investment of time and money now can save you from stress and financial hardship later.
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:
That’s why the quality and fairness of your prenup matters as much as the content itself.
Here’s what makes a prenuptial agreement enforceable:
Don’t underestimate the importance of these legal checks, this is where many DIY prenups fall short.
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.
A prenup isn’t just about breakups, it’s about clarity, transparency, and peace of mind. It can help couples:
Whether you’re in your 20s or 50s, prenup laws in Canada allow you to take control of your future together.
Your prenup can outline:
Equal division rules apply by default in Canada for married couples unless you have a prenup that says otherwise.
You can also use your prenup to:
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.
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!
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.
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.
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.
You can get a prenup from:
For couples asking where to get a prenup, starting online is often the fastest and most affordable path forward.
At Jointly, we believe everyone deserves access to legally sound, affordable prenuptial agreements. Our platform was built by legal professionals to help Canadian couples:
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.
Amanda BaronI'm Amanda, one of the founders of Jointly. I've been working as a lawyer in British Columbia for over ten years. I have a deep commitment to access to justice and building stronger, more resilient communities. I’ve always believed that everyone deserves affordable, clear, and accessible legal solutions to navigate life’s big moments.