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.
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.
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.
A well-prepared prenup is clear, comprehensive, and fair. Here’s what to cover:
Full financial disclosure is critical. Each partner must share:
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.
Your prenup should clearly define:
You can specify which assets remain individually owned and how assets you acquire during the relationships will be divided if the marriage ends.
If you own a business (or plan to start one):
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.
In Canada, spousal support obligations depend on factors like length of marriage, income disparity, and contributions to the relationship.
Your prenup can outline:
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.
Your prenup should outline how any debts, current or future, will be handled, such as:
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.
A prenup can align with your estate plan by clarifying:
This can be especially important in blended families or when large family inheritances are involved.
Some couples like to add “lifestyle clauses” that address:
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.
Avoid these pitfalls to make sure your agreement is strong and enforceable:
If either partner hides assets or misrepresents financial information, the entire agreement could be found to be invalid if challenged. Honesty is crucial.
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.
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.
For a prenup to be valid and enforceable in Canada, it must meet these requirements:
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.
At Jointly, we believe planning for your future shouldn’t be complicated, intimidating, or prohibitively expensive.
Our online platform helps you:
By using Jointly, couples can create a clear, fair prenup with confidence without the stress, time commitment and expense of traditional legal services.
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.
Yes, you can change or update a prenup after marriage. Changes must be made in writing, signed by both spouses.
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.
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?
Visit getjointly.ca today to get started.
Amanda BaronI'm Amanda, one of the founders of Jointly. I've been working as a lawyer in British Columbia for over ten years. I have a deep commitment to access to justice and building stronger, more resilient communities. I’ve always believed that everyone deserves affordable, clear, and accessible legal solutions to navigate life’s big moments.