You’re ready to plan your future together – but you also want to protect your assets and set clear expectations. Enter the prenuptial agreement (or “prenup”), a legal contract that outlines how finances, property, and spousal support will be handled during your relationship and in the event of a separation. But one of the most common questions Canadians ask is: Do both parties need a lawyer for a prenup to be valid in Canada?
The short answer is not always – but getting independent legal advice can help. Let’s explore what makes a prenup legally binding in Canada, when lawyers are required, and how platforms like Jointly make the process easier – without sacrificing legal protection.
For a Prenup to be Valid, Do Both Parties Need a Lawyer?
Strictly speaking, the law in most provinces does not require both parties to have lawyers to make a prenuptial agreement. But if there is a dispute about the agreement later and you want to increase the chances that the agreement will be enforceable, having independent legal advice can help to ensure the contract holds up under scrutiny.
So, does a prenup have to be done by a lawyer? No. But having each partner consult a separate lawyer before signing is one of the strongest ways to protect against future legal challenges.
Legal Requirements for Enforceable Prenups
What Makes a Prenup Enforceable
For a prenuptial agreement to be legally enforceable in Canada, it must meet the following basic requirements:
- Written and signed by both parties
- Full financial disclosure from each person
- Voluntary – no pressure, coercion, or manipulation
- Clear and fair terms that reflect your intentions
- Compliance with provincial family law (for example, Ontario’s Family Law Act)
Even if you draft the agreement yourselves, these factors are non-negotiable. Courts can – and do – throw out prenups that are unfair, vague, or improperly executed.
Is Legal Representation Required?
Legally, you can sign a prenup without involving any lawyers. But here’s the risk: If one party later claims they didn’t understand what they were signing or felt pressured, the agreement could be invalidated.
Independent legal advice (ILA) acts as proof that each party:
- Understood their rights
- Was aware of the legal consequences
- Entered into the agreement voluntarily
In short, you don’t need a lawyer to sign a prenup, but it’s one of the best protections you can have.
The Role of Lawyers and Independent Legal Advice
Can You Draft a Prenup Without a Lawyer?
Yes. You can use Jointly’s guided platforms to make your agreement. We’ve built tools to make the process accessible and affordable, especially for couples with relatively straightforward finances.
However, to increase the chances that your agreement will stand up to legal challenge, you should each take your draft to a separate lawyer for review. This step – getting independent legal advice – can be the difference between a prenup that holds up in court and one that doesn’t.
Why Each Partner May Need Their Own Lawyer
Each partner’s lawyer acts as an advocate for that person alone, ensuring their client understands:
- What they’re agreeing to
- What rights they may be giving up
- Whether the agreement is fair
If only one partner has legal representation, courts may be more likely to scrutinize the agreement’s fairness. That’s why do you need 2 lawyers for a prenup is a common and valid question. While not legally required, having separate lawyers helps ensure that the contract is truly informed and voluntary.
Key Steps to Signing a Prenup
How to Sign Properly
To sign your prenup in a way that minimizes risk and maximizes enforceability:
- Exchange full financial disclosure – do not leave anything out
- Discuss and draft the agreement collaboratively using Jointly
- Seek independent legal advice – each partner consults a separate lawyer
- Sign in writing with dates and witness signatures
Avoid signing under pressure (like right before a wedding), as this can lead to the agreement being challenged later. Give each other time to consider and come to an agreement.
What It Means for Your Relationship
Prenups often spark deeper conversations about money, values, and future plans. They help set expectations and reduce the chance of conflict later on. Far from being unromantic, signing a prenup is often a sign of trust and emotional maturity.
As one of Jointly’s founders puts it:
“A prenup isn’t about planning for divorce – it’s about planning for your future with clarity and respect.”
Understanding Prenuptial Agreements Under Canadian Law
What a Prenuptial Agreement Covers
Prenups can be tailored to your relationship and may include terms related to:
- Property ownership and division
- Spousal support
- Debt responsibilities
- Inheritance or gifts
- Business ownership
- Investment accounts and pensions
Understanding what a prenuptial agreement covers ensures that both partners know what to expect.
Are Prenups Legally Binding in Canada?
Yes – prenups are legally binding in Canada when done correctly. But courts have the power to override or set aside agreements that are:
- Signed under duress
- Based on incomplete or misleading information
- Grossly unfair
- Created without legal advice in complex situations
That’s why whether prenuptial agreements are enforceable depends heavily on how the agreement was made – not just what it says.
Common Questions About Prenups in Canada
Where to Get a Prenup
You have a few options for where to create a prenup:
- Lawyers: Traditional legal services with personalized drafting. Creating bespoke documents comes with a high price tag and tends to take several weeks and up to finalize.
- Jointly: Built by lawyers, and guides you through the process collaboratively.
- Templates: Available online, though risky if not customized or reviewed by a lawyer
If you’re wondering where can I get a prenup, make sure your chosen option balances affordability, legal compliance, and your relationship dynamic.
When You May Not Need a Lawyer
There are limited situations where legal advice may not be strictly necessary – like in very simple agreements between partners with few assets and no children. But even then, it’s a risk.
If you’re asking can I do a prenup without a lawyer, the better question is: Am I okay with the risk that it might not be enforceable? A contested divorce in Canada can cost over $40,000 in legal fees alone. Why risk it?
Benefits of Using Jointly
Simplifying the Process While Staying Compliant
Jointly makes prenups accessible, affordable, and trustworthy. Our platform guides couples through the process together, in plain language, and helps them build an agreement that reflects their values and legal realities.
With Jointly, you can use our Prenup Starter Kit to learn about the law in your province, and then build your prenup together online. Once you know what you want to include in your agreement, Jointly’s agreement builder lets you build your prenup in less than 20 minutes from the comfort of your couch.
Legal contracts in Canada can be intimidating – but they don’t have to be. Jointly empowers couples to protect their future without unnecessary cost or confusion.
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