A prenuptial agreement can be one of the most useful tools for protecting your future. While it might seem like an awkward topic at first, a prenup isn’t about expecting the worst—it’s about making sure you and your partner are on the same page as you start your next chapter together.
If you’re considering a prenup or just starting to explore your options, this comprehensive checklist will guide you through everything you need to include to create a strong, fair agreement in Canada.
What is a Prenuptial Agreement?
A prenuptial agreement, commonly called a prenup, is a legal contract made between two people before they get married. It outlines how property, assets, debts, and financial matters will be handled both during the marriage and if the marriage ends in separation or divorce.
Prenups can address many financial concerns and are enforceable under Canadian law when drafted properly.
Why Are Prenups Important?
- Financial clarity: Prenups set clear expectations around finances.
- Asset protection: They can protect family heirlooms, businesses, or assets acquired before marriage.
- Debt protection: They can shield you from your partner’s existing debts.
- Simplify separation: If a breakup happens, a prenup reduces conflict and your odds of ending up in expensive legal battles.
- Empowerment: It encourages open, honest conversations before marriage. It’s better to understand each other’s expectations early to avoid surprises down the road.
When Should You Get a Prenup?
Ideally, you should complete and sign a prenup well before the wedding date. Last-minute agreements can raise concerns about pressure or unfairness and might be harder to enforce. Most lawyers recommend starting discussions at least 6 months before your wedding to ensure enough time for negotiation, review, and thoughtful decision-making.
Essential Items to Include in Your Prenuptial Agreement Checklist
A well-prepared prenup is clear, comprehensive, and fair. Here’s what to cover:
Financial Disclosure
Full financial disclosure is critical. Each partner must share:
- Income
- Bank accounts
- Investments
- Real estate
- Retirement savings
- Debts and liabilities
Failing to fully disclose financial information can make a prenup invalid later. This is because a prenup made on the basis of false or incomplete information is unlikely to be seen by a judge as fair. Transparency is non-negotiable.
Property and Assets
Your prenup should clearly define:
- Separate property (owned before marriage)
- Marital property (acquired during marriage)
- How increases in property value will be treated
You can specify which assets remain individually owned and how assets you acquire during the relationships will be divided if the marriage ends.
Business Ownership
If you own a business (or plan to start one):
- Clarify whether the business will stay separate.
- Decide if future growth during the marriage will be considered marital property.
- Protect intellectual property, trademarks, and company shares.
This is essential to avoid disruption to your business operations if the relationship changes. Check out our article on why prenups are essential for entrepreneurs here.
Spousal Support and Alimony
In Canada, spousal support obligations depend on factors like length of marriage, income disparity, and contributions to the relationship.
Your prenup can outline:
- Whether spousal support will be paid and if so by which partner.
- The amount, duration, or conditions of any spousal support payable if the relationship ends.
It’s important to remember that a court may set aside unfair spousal support provisions, especially if circumstances change significantly. If one person earns the income while the other stays home to care for children, it is very unlikely that a court will consider it fair if a prenup does not compensate the person who gave up career opportunities for responsibilities at home through spousal support or a transfer of assets.
Debt Responsibility
Your prenup should outline how any debts—current or future—will be handled, such as:
- Student loans
- Credit card debt
- Mortgages
- Personal loans
This protects both partners from being unfairly saddled with the other’s financial obligations if the debt incurred is not agreed upon by both partners.
Estate Planning and Inheritance
A prenup can align with your estate plan by clarifying:
- Rights to inheritances received during the marriage.
- How property will be distributed if one spouse dies.
- Whether certain family assets (like cottages, businesses, or heirlooms) should stay within a particular family.
This can be especially important in blended families or when large family inheritances are involved.
Lifestyle Clauses (Optional)
Some couples like to add “lifestyle clauses” that address:
- Infidelity
- Agreements around parenting roles, education funding, or retirement plans.
In Canada, courts generally don’t enforce personal or non-financial lifestyle clauses (like agreements about household chores). Because of this, we don’t include lifestyle clauses in agreements built with Jointly.
Common Mistakes to Avoid When Drafting a Prenup
Avoid these pitfalls to make sure your agreement is strong and enforceable:
Failing to Disclose All Assets
If either partner hides assets or misrepresents financial information, the entire agreement could be found to be invalid if challenged. Honesty is crucial.
Writing an Unfair Agreement
A prenup that is extremely one-sided may not hold up in court. Canadian courts prioritize fairness—especially when it comes to spousal support and significant asset division.
Both partners should have a fair opportunity to negotiate terms that respect their contributions and future needs. All contributions made by both partners to the family, including non-financial contributions, should be valued in your prenup.
Not Accessing Legal Services
There are free prenup templates available online, but many of these are not reliable or applicable to every province. We recommend using Jointly’s lawyer built platform to create your prenup, or seeing a lawyer in your province. These are your best options for ensuring that your prenup is valid and enforceable.
Legal Requirements for a Valid Prenup
For a prenup to be valid and enforceable in Canada, it must meet these requirements:
- Full financial disclosure from both partners.
- Voluntary agreement, without any coercion or duress.
- Written document—oral agreements are not enforceable.
- Fair and reasonable terms, especially regarding spousal support and division of property.
- Proper signing and witnessing—following the rules in your province or territory.
Every province in Canada has its own Family Law Act or equivalent legislation that outlines how property is divided on separation and how contracts like prenups (sometimes called “domestic contracts” or “marriage contracts”) must be handled. In some provinces, each party must review their agreement with their own lawyer in order for it to be valid. If that’s the case in your province, we’ll let you know as you’re building your Jointly agreement.
How Jointly Helps You Create a Comprehensive Prenup
At Jointly, we believe planning for your future shouldn’t be complicated, intimidating, or prohibitively expensive.
Our online platform helps you:
- Understand your rights and responsibilities under Canadian family law.
- Work through essential topics step-by-step, covering everything from property division to debt management.
- Build a draft prenup together, on your own schedule.
- Access helpful explanations and guides to make the conversation easier.
By using Jointly, couples can create a clear, fair prenup with confidence—without the stress, time commitment and expense of traditional legal services.
FAQs
Is a prenup legally binding?
Yes. In Canada, a properly drafted and executed prenuptial agreement (also called a “marriage agreement”) is legally binding. Courts will generally enforce the terms as long as there is full financial disclosure, no coercion, and the agreement is reasonably fair.
Can you change a prenup?
Yes, you can change or update a prenup after marriage. Changes must be made in writing, signed by both spouses.
What happens if you don’t have a prenup?
Without a prenup, provincial family law rules automatically determine how your property and debts are divided and what your spousal support obligations are if you separate or divorce. For example, in many provinces, property acquired during the marriage must be divided equally, regardless of your family’s circumstances. A prenup gives you the freedom to make your own agreement that fits your family instead of relying on default laws.
Can you write your own prenup?
It is possible to write your own prenup, but it is not recommended. As you’ve learned, there are a number of rules and formalities that must be followed in order for a prenup to be valid. If those aren’t followed, your prenup may not be enforced and will not provide any protection in case of a later separation. Why risk it? Jointly makes it quick, easy and affordable to create a legally valid prenup, entirely online on your schedule.
Ready to build your prenup with clarity and confidence?
Click here to get started today.
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.
- Can You Get a Prenup After Marriage? - May 5, 2025
- Prenuptial Agreement Checklist - May 5, 2025
- What Should Be Included in a Prenuptial Agreement? - April 25, 2025
