What Should a Woman Ask for in a Prenup?

A prenuptial agreement (prenup) is one of the smartest ways Canadian women can protect their financial independence, safeguard their future, and create clarity in their relationships. Yet many women hesitate to bring up the idea with their partners—or aren’t sure exactly what they should ask for.

This guide will walk you through exactly why women should consider a prenup, what to include, how to talk about it with your partner, and common prenup myths you should ignore.

Why Women Should Consider a Prenup

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Marriage is not just a romantic partnership—it’s also a financial one. In Canada, marriage automatically creates legal rights and obligations that can dramatically affect your finances if you separate or divorce.

The laws that exist were created to try to set rules that are fair for most people in most circumstances. You can think of it as a one-size-fits-all approach. The rules that exist are likely to fit some relationships much better than they fit others. A prenup lets you and your partner make your own rules that fit your family and your specific situation.  

Benefits of a Prenup for Women

• Protect pre-marriage assets like a home, investments, or business interests.
  
• Ensure fair treatment if you pause your career to raise a family.
  
• Avoid taking on your partner’s debts.
  
• Set clear expectations about financial roles during the marriage.
  
• Reduce stress and conflict in the event of a separation.

Whether you have substantial assets or simply want to protect your future, a prenup is about empowerment and planning—not distrust.

Key Things Every Woman Should Ask for in a Prenup

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Property and Asset Division

Ask for clear terms about how property and assets will be divided if the marriage ends.

You may want to:

• Protect premarital assets so they remain yours.
• Define what will be considered “separate” vs. “marital” property.
• Address increases in value (e.g., if your home appreciates during the marriage).

Without a prenup, the increase in value of property during the marriage could be subject to division.

Spousal Support or Alimony

Spousal support can have a major impact on your financial security, especially if you plan to take time off work for children or move for your partner’s career.

Your prenup can:

• Set specific spousal support terms.
  
• Waive spousal support altogether (if fair).
  
• Set conditions, like support increasing if you pause your career for family reasons.

It’s important to ensure that spousal support clauses are fair and meet Canadian standards; otherwise, courts may not enforce them.  In Canada, women are still more likely than men to fill the primary caregiver role, and are more likely to make career and financial sacrifices to do so.  If you’re in this situation, or intend to be, this is a great reason to make sure spousal support will be in place for you if your relationship ends. 

On the other hand, many women today are finding themselves in the position of being both the breadwinner, and the primary caregiver.  In that circumstance, you may wish to seek a waiver of spousal support from your partner.

Debt Responsibility

Marriage can also mean sharing debt.

A strong prenup should:

• Specify who is responsible for debts incurred before and during the marriage.
  
• Protect you from being liable for your partner’s loans, business debts, or credit card bills.

This is especially critical if one person has significantly more debt, or is undertaking riskier business ventures.  

Retirement and Investment Accounts

Women still face a significant wealth gap at retirement compared to men, often due to career interruptions caused by pregnancy and caring for children.

Your prenup should:

• Address how RRSPs, pensions, and other investments will be treated.
  
• Protect retirement savings earned before marriage.
  
• Clarify division of retirement assets earned during the marriage.

This helps ensure your long-term financial stability.

Business Interests

If you own a business—or plan to start one—your prenup can protect:

• The value of the business you built before marriage.
  
• Future increases in value during the marriage.
  
• Ownership and control of the business.

Without a prenup, your spouse could be entitled to part of your business if you separate.

Inheritance and Gifts

In most Canadian provinces, inheritances and gifts received during marriage are considered excluded property if kept separate. But it’s smart to confirm this in your prenup.

A prenup can:

• Reinforce that inheritances and gifts remain yours.
  
• Address what happens if inherited funds are used for joint purposes (e.g., buying a home).

In this economy, it’s common for gifts from family to be used for a down payment on a new home.  Addressing this situation in your prenup ensures family wealth stays protected.

Career Sacrifices & Contributions

If you plan to reduce work hours, move cities, or otherwise support your partner’s career, your prenup should account for this.

You may want provisions that:

• Recognize the value of non-financial contributions.
  
• Provide additional support if you make career sacrifices.

This can help protect your economic position if the relationship ends. These additional protections can include an agreement that spousal support will be paid or that family property will be divided in a way that accounts for the sacrifices you’ve made.

Lifestyle Provisions (Optional)

While lifestyle clauses (like agreements about household roles, spending habits, or infidelity clauses) aren’t legally enforceable in Canada, some people still include these types of clauses in their prenups. Because they’re not enforceable, we don’t recommend including them.  If you make your agreement with Jointly, lifestyle clauses are not an option.

How To Ask For A Prenuptial Agreement

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Bringing up a prenup doesn’t have to be awkward or confrontational.

Think of it as part of your broader conversations about your future together. A prenup isn’t about worst-case scenarios—it’s about building your future with intention.

It’s about saying:

💬 “We want to protect each other.”
💬 “We’re in this together—no matter what.”

Here are some tips for talking to your partner:

• Start early: Don’t wait until just before the wedding.
• Frame it positively: Emphasize that the agreement will provide protection for both of you and help you get on the same page.
• Share your reasons: Talk openly about your goals, fears, and hopes.
• Be collaborative: Present it as a team decision, not a demand.

Example:
“I think it’s really important that we start our marriage with open, honest communication about money, careers, kids, and our expectations for each other. A prenup can help us do that and make sure we’re both protected, no matter what the future brings.”

How to Negotiate and Draft a Fair Prenup

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• Access legal services: Sign up for Jointly or visit a lawyer in your province.
  
• Be transparent: Fully disclose all finances.  If either person isn’t fully honest about their financial situation, your prenup could be determined to be invalid by a court.
  
• Prioritize fairness: Courts can set aside unfair agreements.  Your prenup has to place value on both people’s contribution to the relationship.
  
• Use clear language: Avoid vague or confusing terms (we can help you with this part).
  
• Plan for future changes: Consider review clauses after major life events (e.g., having children).  We include an easy review process in all Jointly agreements.
  

Negotiation doesn’t mean conflict. It means building an agreement that feels fair and respectful to both parties.  Done right, planning for your future holds together could actually bring you closer.

Common Myths About Prenups

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Myth 1: Prenups Are Only for the Wealthy

Wrong!

Prenups protect anyone who has property, debts, or future earnings they want to clarify.  At a time when housing prices are higher than ever, prenups make sense for most Canadians.

Even if you don’t have significant assets now, your future self will thank you for the foresight.

Myth 2: Prenups Indicate a Lack of Trust

Not at all.

A prenup is about planning, protection, and mutual respect.

It’s about working together to strengthen your partnership—not assuming failure.

You make financial plans, write wills, and get insurance. A prenup serves the same purpose.

Myth 3: Prenups Ruin Romance

Far from it.

Talking honestly about finances and expectations can actually deepen intimacy and trust.

Think of it as building your relationship on a stronger foundation.

Ready to Create Your Prenup with Jointly?

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At Jointly, we make it easy, affordable, and stress-free to create a Canadian prenuptial agreement that protects what matters most to you.

We offer:

• Step-by-step guidance.
  
• Clear explanations—no confusing legal jargon.
  
• Digital process so you can skip the lawyer’s office.

You can build a prenup that fits your relationship, and feels fair, future-focused, and empowering—with the tools and support you need at every step.

Ready to get started?

Click here to start building your prenup today.

FAQs

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Can a Prenup Include Provisions About Children or Custody?

No.

Canadian courts decide custody and parenting time based on the best interests of the child at the time of separation—not based on prenups.

If you’re creating a blended family, you can include some provisions about stepchildren and the role of the new partner in the child’s life.

Is It Possible to Change the Prenup After It’s Signed?

Yes.

You and your spouse can update or amend your prenup by signing a new agreement, as long as both parties consent and meet legal requirements.

Updating a prenup is a smart move if major life changes happen—like having children or a significant shift in finances.

What Is the Best Prenuptial Agreement?

The best prenup is:

• Fair to both parties.
  
• Thorough and clear.
  
• Drafted on the basis of full financial disclosure.
  
• Tailored to your specific relationship and needs.

A cookie-cutter template isn’t enough—your agreement should reflect your real life and future goals.

How Much Does a Prenuptial Agreement Cost?

Costs vary widely:

• Traditional lawyer-prepared prenups often cost between $1,500 to $5,000+ per person.
  
• Online platforms like Jointly offer a far more affordable solution at $379 while still ensuring high-quality, customized agreements.
  

Can I Write My Own Prenuptial Agreement?

It’s possible to write your own prenup—but it’s not recommended.

As you’ve learned, there are a lot of requirements that need to be met for your prenup to be valid.

If those requirements aren’t met, a judge could decide not to enforce your prenup—leaving you to deal with costly divorce proceedings.

Why risk it?

Jointly makes it easy and affordable to create a legally valid prenup.

What Makes a Prenup Invalid?

A prenup could be invalid if:

• Full financial disclosure wasn’t made.
  
• It was signed under pressure or coercion.
  
• The terms are extremely unfair (unconscionable).
  
• Legal requirements for signing and witnessing weren’t followed.
  

Always take the time to do it right—your future self will thank you.