When couples get married, the plan is typically to stay together forever. While we all dream of a lifetime of happiness, it’s important to plan for the unexpected.
If you didn’t sign a prenuptial agreement before walking down the aisle, you might be wondering what your options are to make a plan with your partner for your financial future – both together, and if life takes you in different directions.
A postnuptial agreement can offer many of the same benefits as a prenup. Here’s what you need to know.
What Is a Postnup?
A postnuptial agreement (often called a “postnup”) is a legal contract signed after marriage. It outlines how a couple’s assets, debts, and financial matters will be handled during their relationship, and if they later separate or divorce.
Postnups help couples create clarity around financial expectations during the marriage and provide a roadmap if the relationship ends. They’re a powerful tool for building trust, transparency, and long-term security.
Prenup vs Postnup: What’s the Difference?
Both prenups and postnups serve a similar purpose: to help couples set clear financial expectations and protect their interests. The main difference is when the agreement is signed:
- Prenuptial agreements are signed before marriage.
- Postnuptial agreements are signed after marriage.
Otherwise, the content and enforceability requirements are very similar. Postnups can also address new developments that arise after marriage, such as business ownership, career changes, or receiving an inheritance.
Why Couples Should Consider a Postnup
There are many reasons a married couple might want to create a postnuptial agreement, including:
- Financial changes: One spouse starts a business, receives a large inheritance, or significantly increases their income.
- Family planning: One spouse sacrifices their career to raise children or support the other’s career.
- Debt protection: One spouse accrues significant personal debt that the other spouse wants to stay protected from.
- Relationship rebuilding: Some couples create postnups to rebuild trust after challenges like infidelity or financial dishonesty.
- Peace of mind: Simply wanting financial clarity and security can be reason enough.
Creating a postnup isn’t planning for failure—it’s planning for fairness and protection, no matter what the future holds.
What Should Be Included in a Postnuptial Agreement?
A postnuptial agreement should be customized to your unique situation, but generally, it will include:
- Division of property: Who will keep what in case of separation.
- Spousal support (alimony): Whether support will be paid, and if so, how much and for how long.
- Debt responsibilities: How existing and future debts will be divided.
- Inheritance rights: What happens if one spouse passes away during the marriage.
- Business interests: Protecting ownership and income from businesses owned by one or both spouses.
Additional Clauses to Consider in Your Postnuptial Agreement
Beyond the basics, couples often add specific clauses to their postnups to cover unique concerns:
Protecting Business Interests
One of the biggest risks business owners face in a relationship is the unintended division of business assets if things go south. In many Canadian provinces, your business could be considered “family property.”
That means your partner could be legally entitled to part of your business if you separate, even if they never worked in it or contributed financially. You can include a clause in your postnup to make sure your business stays with you. For more on why prenups and postnups are essential for small business owners, check out our article here.
Supporting Career Sacrifices for Family
If one partner leaves the workforce or sacrifices career opportunities to support the family, whether that means caring for children or aging parents or stepping away from a job to support their partner’s career, a postnup can address fair financial compensation through spousal support (alimony) or asset division in case the relationship ends. This ensures that everyone’s contribution to the family is valued.
Including Infidelity Clauses
Some couples choose to include clauses that impose financial consequences if infidelity occurs. These clauses and other lifestyle clauses are typically not enforceable if they are later challenged in court. For that reason, we don’t recommend including them.
Legal Requirements for a Valid Postnuptial Agreement
Not all postnups are created equal. There are certain legal requirements that must be met in order for a postnup to be enforceable. To maximize the chances that your agreement will be upheld in court, make sure it meets the below requirements.
Mutual Consent Without Pressure
Both parties must willingly agree to the terms. If either spouse was pressured, misled, or coerced into signing, the agreement could be invalid. This often comes up when one partner wasn’t fully honest with the other about their finances before the agreement was signed, or when one partner imposes an extremely tight deadline on the other to make an agreement. Don’t do this. Be fully honest, and give each other time.
Written and Signed Documentation
A postnuptial agreement must be in writing and signed by both spouses. Verbal agreements won’t hold up in court. Your agreement should also be in clear language that you both understand. We can help you with that part.
Fairness and Reasonableness
While courts generally respect couples’ right to make their own agreements, a postnup that is extremely unfair to one spouse is unlikely to be enforced. If one partner left their career to care for children and manage the household and the income earning partner tries to avoid spousal support and property division, a court is extremely unlikely to see that as a fair and reasonable outcome. Both parties must fully disclose their financial situation, and the terms of your agreement should place fair value on everyone’s contribution to the family – monetary or otherwise.
How Jointly Simplifies the Process of Creating a Postnuptial Agreement
At Jointly, we believe that planning your financial future should be simple, affordable, and stress-free. Our lawyer designed online platform helps couples create clear, personalized postnuptial agreements without the high cost or complexity of traditional legal services.
With Jointly, you can:
- Access educational resources to understand your rights and options.
- Build a customized postnup step-by-step, at your own pace.
- Get guidance through important conversations about property, finances, and future plans.
- Download a draft to review with a lawyer if you want added legal advice.
We’re here to empower you to plan for your future together—with confidence and clarity.
FAQs
Can you sign a prenuptial agreement after marriage?
Technically, no—you can’t sign a “prenup” after marriage because “prenup” stands for prenuptial agreement. However, you can sign a postnuptial agreement, which serves a similar purpose: protecting your financial interests after you’ve already said “I do.” Practically speaking, the only difference between a prenup and a postnup is when it’s signed.
How much is a postnuptial agreement?
The cost of a postnuptial agreement varies. Traditional lawyers often charge between $1,500 and $5,000 or more, depending on complexity. With Jointly, you can access clear, affordable online tools to help you create your agreement for $379.
Is a postnuptial agreement legal?
Yes, postnuptial agreements are legal in Canada, provided they meet legal requirements such as fairness, full financial disclosure, and voluntary agreement.
Are postnuptial agreements binding?
If properly prepared and executed, postnups are generally binding and enforceable in court. However, if the agreement is extremely unfair, signed under duress, or missing key legal formalities, a judge could refuse to enforce it.
Ready to protect your financial future together?
Click here to get started on an agreement that is easy to build, easy to read, and easy to feel good about – together.
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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