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.
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.
Whether you have substantial assets or simply want to protect your future, a prenup is about empowerment and planning, not distrust.
Ask for clear terms about how property and assets will be divided if the marriage ends.
You may want to:
Without a prenup, the increase in value of property during the marriage could be subject to division.
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:
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.
Marriage can also mean sharing debt.
A strong prenup should:
This is especially critical if one person has significantly more debt, or is undertaking riskier business ventures.
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:
This helps ensure your long-term financial stability.
If you own a business, or plan to start one, your prenup can protect:
Without a prenup, your spouse could be entitled to part of your business if you separate.
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:
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.
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:
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.
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.
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:
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.”
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.
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.
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.
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.
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:
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.
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.
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.
The best prenup is:
A cookie-cutter template isn’t enough, your agreement should reflect your real life and future goals.
Costs vary widely:
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.
A prenup could be invalid if:
Always take the time to do it right, your future self will thank you.
Aimee SchallesHi, I'm Aimee, a co-founder of Jointly. I’ve been working as a lawyer in British Columbia for over ten years. I run a small law firm and love helping people solve everyday problems. I’ve seen the difficulties that ordinary people face in accessing reliable legal services. I’ve also seen many friends and clients go through challenging separations that could have been improved if they’d have had a prenup or cohabitation agreement. I hope Jointly helps people make the relationship agreement they’ve been thinking about! Latest posts by Aimee Schalles (see all)