Prenups used to be taboo – but times are changing. Today, more couples are seeing them for what they really are: a practical, collaborative way to set expectations, protect finances, and reduce future conflict in your relationship.
But if you’re thinking about creating one, you’re probably wondering:
Do you need a lawyer for a prenup?
Is a prenup valid without independent legal advice?
Can you do it yourself, or is it better to go the traditional legal route?
Let’s break it down — including what makes a prenup legal, what can make it invalid, and why Jointly offers a modern, affordable alternative to traditional legal services.
What Is a Prenup?
A prenup (short for prenuptial agreement) is a legal contract that a couple signs before getting married. Prenups can be called different things under different provincial legislation. For example, in Ontario, prenups are formally known as marriage contracts under the Family Law Act.
Your prenup can cover:
- Property ownership (what’s separate vs. shared)
- How assets and debts are divided in a breakup
- Whether spousal support will be paid
- Financial roles and expectations during the marriage
A valid prenuptial agreement can bring clarity and peace of mind to your relationship and your financial future – no matter your income level.
What Makes a Prenup Legal?
For a prenuptial agreement to be legally valid in Canada, it must:
- Be in writing
- Be signed and witnessed
- Be made voluntarily (with no pressure)
- Include full financial disclosure
- Reflect a fair and informed agreement
Although it’s not mandatory, courts do tend to prefer that both parties get independent legal advice before signing an agreement. Getting independent legal advice lowers the risk that your prenup might not hold up if challenged.
What Is Independent Legal Advice & Why Does It Matter?
What is independent legal advice?
Independent legal advice (ILA) means each partner speaks with their own lawyer before signing the prenup. That lawyer ensures you:
- Understand what the agreement says
- Know your legal rights
- Aren’t being pressured or rushed
- Are entering into the contract freely
Lawyers typically provide a certificate confirming they gave you this advice — which courts see as a key sign that the agreement was fair and informed.
Why does ILA matter?
ILA protects both parties and strengthens the enforceability of the contract. If your prenup is ever challenged, the presence of ILA can make the difference between it being upheld or struck down.
But here’s the important part: you don’t need to choose between affordability and ILA.
Do You Need 2 Lawyers For a Prenup?
The traditional approach says yes: each person hires their own lawyer — often before the agreement is even written.
Here’s how it usually works:
- Each person sees a lawyer for legal advice.
- The lawyers negotiate the terms of the prenup on your behalf.
- Drafts go back and forth until everyone agrees.
- You each pay legal fees for your time, advice, and negotiations.
This process is often expensive, time-consuming, and adversarial. Lawyers typically charge $2,000–$5,000 for this process — and that’s assuming it goes smoothly.
Plus, many clients report that lawyers don’t always take the time to fully explain the law or make the experience collaborative. We’ve heard from many people that it feels weird and uncomfortable to start a new relationship in such a formal setting.
The Jointly Approach: A Modern, Accessible Alternative
At Jointly, we believe there’s a better way.
Here’s how we’re different:
One platform, built for both partners
Instead of going to two lawyers to start negotiating, you and your partner build your prenup together using Jointly. You answer guided questions, explore your options, and collaborate on terms.
Legal education built in
Our platform includes a short course that walks you through what the law says in your province. We explain complex legal concepts in plain language, so you understand your rights and the consequences of your choices.
Just $379 — total
Our process costs a fraction of traditional legal services. Even if you choose to get independent legal advice at the end, many lawyers offer ILA for a fixed rate, making the total still significantly more affordable than the traditional route.
Less admin, less time off work
No juggling multiple appointments. No taking time off your job to go to law offices. Jointly lets you complete everything online — at your own pace, on your own schedule.
You can still get a lawyer’s sign-off
Once your agreement is complete, you can take it to a lawyer of your choice for ILA. This hybrid approach — build with Jointly, sign off with a lawyer — gives you confidence in your agreement while keeping costs and conflict low. We’ve included a certificate of independent legal advice with every Jointly agreement.
In short: We’ve taken the pain out of prenups. Our process is collaborative, transparent, and affordable — everything the traditional process isn’t.
Can I Do a Prenup Without a Lawyer?
Yes, you can. But here’s the nuance.
A prenup can be valid without lawyers, as long as it:
- Meets all legal requirements (written, signed, witnessed, etc.)
- Involves full financial disclosure
- Was signed voluntarily by both parties
However, not having ILA puts the agreement at greater risk of being challenged or set aside in the event that one partner later says they didn’t fully understand the terms or felt pressured.
This is why many Jointly users choose to see a lawyer in their area for independent legal advice after building their agreement — which is still far more affordable than going the traditional route from the start.
What Can Make a Prenup Invalid?
Here are the main reasons a court may set aside a prenuptial agreement:
- Lack of financial disclosure
- No independent legal advice (especially if the agreement seems unfair)
- Duress or pressure to sign
- Unclear or one-sided terms
- Poorly drafted or vague language
Jointly helps reduce these risks by guiding you through the legal landscape, prompting clear financial disclosures, and giving both partners a voice in building the agreement.
Is a Prenup Valid Without Independent Legal Advice?
A prenup can absolutely be valid without independent legal advice. However, ILA can:
- Make it more difficult to challenge the agreement later
- Decrease a court’s concern about whether it was fair
- Ensure both people fully understand the agreement.
That’s why we recommend getting ILA after you build your agreement with Jointly if you can afford it.
Best Practices for a Legally Strong Prenup
Whether you’re building your prenup through Jointly or with traditional lawyers, follow these best practices:
Start early — Don’t wait until the last minute.
Be transparent — Disclose all assets and debts honestly
Work together — Choose a collaborative process
Get ILA — It’s the best way to protect both people
Stay fair — Avoid extreme or one-sided terms
Update as needed — Revisit your agreement when circumstances change
Final Thoughts
The traditional prenup process is expensive, complex, and often confrontational. You pay thousands of dollars to have two lawyers negotiate on your behalf — and you might still walk away feeling uncertain or unclear.
Jointly is different.
We believe prenups should be:
- Affordable (just $379)
- Collaborative (built together)
- Educational (clear explanations)
- Legally sound (designed by lawyers)
We’ve removed the intimidation, minimized the cost, and made the experience empowering instead of stressful.
Create your prenup today at getjointly.ca — because building a life together should start with trust, not tension.
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.
- Challenging A Marriage Contract In Ontario - June 2, 2025
- Is A Prenup Valid Without Independent Legal Advice? - May 30, 2025
- Can My Prenup Be Challenged In Court? - May 30, 2025
