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.
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.
For a prenuptial agreement to be legally enforceable in Canada, it must meet the following basic requirements:
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.
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:
In short, you don’t need a lawyer to sign a prenup, but it’s one of the best protections you can have.
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. Getting independent legal advice can be the difference between a prenup that holds up in court and one that doesn’t.
Each partner’s lawyer acts as an advocate for that person alone, ensuring their client understands:
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.
To sign your prenup in a way that minimizes risk and maximizes enforceability:
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.
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.”
Prenups can be tailored to your relationship and may include terms related to:
Understanding what a prenuptial agreement covers ensures that both partners know what to expect.
Yes, prenups are legally binding in Canada when done correctly. But courts have the power to override or set aside agreements that are:
That’s why whether prenuptial agreements are enforceable depends heavily on how the agreement was made, not just what it says.
You have a few options for where to create a prenup:
If you’re wondering where can I get a prenup, make sure your chosen option balances affordability, legal compliance, and your relationship dynamic.
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?
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.
Aimee SchallesHi, I'm Aimee, a co-founder of Jointly. I’ve been working as a lawyer in British Columbia for over ten years. I run a small law firm and love helping people solve everyday problems. I’ve seen the difficulties that ordinary people face in accessing reliable legal services. I’ve also seen many friends and clients go through challenging separations that could have been improved if they’d have had a prenup or cohabitation agreement. I hope Jointly helps people make the relationship agreement they’ve been thinking about! Latest posts by Aimee Schalles (see all)