A prenuptial agreement, or prenup, is much more than a contract for dividing property in the event of a breakup. It’s a tool that allows couples to plan, protect, and clarify their financial and legal expectations before marriage.
Many people wonder: what can you include in a prenup? Typically, prenups cover subjects ranging from real estate, spousal support (alimony), investments, retirement plans, and even provisions for businesses owned by one or both spouses.
This guide breaks down the most common items included in a prenup, how to create one in Canada, and what to consider when drafting your agreement.
Prenups are flexible and can address a wide range of topics. Here’s a breakdown:
You can decide how assets will be treated during the marriage and if the relationship ends. This includes:
Couples can specify which assets are separate property and which are marital property, helping avoid disputes later. Separate property (which in general is most property you acquired before the marriage) is typically not divided if you split, as opposed to marital property, which is usually divided 50-50 unless you have an agreement that says something different.
In fact, creating a record that shows what type of assets each partner is bringing into the relationship is a common reason that couples create prenups. Even if you want to split everything you build together 50-50, it can be hard to remember what each of you came in with if you’ve been together for many years.
A prenup can outline how existing debts (credit cards, student loans, mortgages) will be handled and who is responsible for new debts incurred during marriage. This is important if you are each coming into the relationship with different debt loads, or if one person is intending to take on significant debts in the future (for example, loans to start a business).
Prenups can define whether one partner will pay spousal support, how much, and under what circumstances. This may include:
Talking about this early in your relationship is extremely important. Understanding where you each stand before making major financial decisions like one partner leaving the work force to care for children can prevent significant disagreement and hardship down the road.
Prenups can coordinate with wills, trusts, and estate plans to protect both partners’ families. For example:
For blended families or later in life marriages in particular, coupling a prenup with estate planning can ease tensions between previous children and new partners and ensure that the interests of both are clear and protected.
Couples can outline how finances will be managed day-to-day, including:
Prenups can include additional agreements, such as:
A prenup is a legal agreement made before marriage that outlines how assets, debts, and responsibilities will be handled during the marriage and in the event of separation or death.
It protects both partners by:
Prenups aren’t just for wealthy couples. They’re valuable for anyone with:
The cost of a prenup varies depending on complexity, location, and whether lawyers are involved:
Using an online platform like Jointly can make the process more affordable and accessible without sacrificing legal reliability.
Not in Canada. Prenups are typically focused on financial and property matters, not personal behavior. Some agreements may include clauses related to infidelity, but these are typically not enforceable in Canada.
Yes, if both partners fully disclose assets and liabilities, sign voluntarily and receive independent legal advice, in provinces where it is legally required to do so.
A prenup is signed before marriage, usually several months in advance to ensure time for proper review and legal advice.
Yes. You can update a prenup anytime with a postnuptial agreement or mutual amendment, as long as both parties agree and legal requirements are met. It’s a good idea to review your agreement regularly, and update it as your circumstances change to make sure it’s still a good fit for your circumstances.
A prenup is a powerful tool to protect assets, reduce conflict, and clarify financial responsibilities. From property and debts to spousal support and estate planning, a well-drafted prenup can cover almost any topic that helps couples plan for a secure future.
At Jointly, we make creating a prenup simple, clear, and affordable – helping Canadian couples protect themselves and their relationships.
👉 Ready to create your prenup? Visit getjointly.ca to get started today.
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.