What Should Be Included in a Prenuptial Agreement?

Prenuptial agreements (or “prenups”) are no longer reserved for celebrities or the ultra-wealthy. Couples at every income level and life stage are learning that prenups can be a powerful tool for protecting their financial futures and building a strong foundation of transparency and trust. If you’re asking, “what should be included in a prenuptial agreement?” or “what does a prenup do?” — you’re in the right place.

This comprehensive guide covers the key things to include in a prenup, how to make a prenup that reflects your unique relationship, and why signing a prenup doesn’t mean you’re planning for divorce — it means you’re planning wisely for your future.

Why Couples Should Consider a Prenup

So, what is a prenuptial agreement? A prenup is a legal contract entered into before marriage that outlines how assets, debts, and other financial matters will be handled in the event of a separation.

Understanding what a prenup is for can help couples open up essential conversations about money, values, and expectations. It’s a proactive way to protect both parties and reduce future conflict.

Here are a few reasons why couples decide to make prenups:

• To protect personal or family property
• To clarify responsibility for debts
• To establish clear financial expectations
• To preserve inheritance or business interests

• To ensure that assets are preserved for children from prior relationships

• To make the separation (if it happens) smoother and less costly

Full Financial Transparency

A prenup starts with honesty. Full financial disclosure is the foundation of a valid and fair agreement.

Why Disclosure of Assets, Liabilities, and Income Matters

Each person must disclose full details about their:

• Income and salary
• Real estate holdings
• Investments and retirement accounts
• Debts (student loans, credit card balances, personal loans, etc.)

Transparency has benefits – it builds trust in your relationship and ensures that your prenup will be enforceable. Courts are less likely to uphold a prenup if one person didn’t fully disclose their finances.  Think about it this way – if one of you agrees to give up a claim to property that you think is worth $100,000, but is actually worth $1,000,000, it will be very difficult to say later that the agreement is fair, or that the person who wasn’t aware of the true value really knew what they were signing.

Don’t take a risk here.  A lack of full disclosure is one of the most common reasons prenups are found to be unenforceable later.  Be honest and thorough when you’re completing your financial disclosure.

Division of Property and Debts

What does a prenup protect? A well-drafted agreement can protect current and future assets and outline how property will be split in case of separation.

How to Divide Property Fairly

You can define:

• What is considered separate property (kept by one spouse)
• What will be family property (shared or split)
• How to handle growth in property value

Example: A prenuptial agreement might state that any property owned before the marriage remains the sole property of that spouse, while anything acquired during the marriage will be divided equally.  It can also be more customizable by allocating your individual shares of property based on how much each person invested in it.

When you’re deciding on how to deal with family property, it’s important to keep in mind whether the decision you’re making is reasonably fair.  If one person is the income earner and wants to keep all of the family property after a separation because they paid for it, but the other person was staying home with children and running the household, that is likely to be seen as grossly unfair and overturned by a court.  An agreement doesn’t have to require a 50-50 split to be fair, but it can’t fail to value the contributions of either person to the success of the relationship.

Addressing Debts and Liabilities

Your prenup should clarify how debts will be managed:

• Will premarital debts remain with the original debtor?
• Will joint debt be split equally?
• What happens if one partner takes on significant debt during the marriage?

This protects both partners and can prevent resentment or surprise down the line.  

Spousal Support and Financial Responsibilities

Another key aspect of a prenup is setting out how to handle financial expectations during and after the marriage.

Setting Expectations for Spousal Support in the Case of Separation

The prenup can outline:

• Whether either person will receive spousal support (also sometimes called alimony)
• If someone will receive spousal support, you can set out how much and for how long
• Whether both people agree that spousal support will not be paid.

As with property division, your decision about spousal support must be fair and reasonable.  The option that no spousal support will be paid is not a good fit for all situations.  It can be reasonable for later in life relationships where both people are coming in on firm financial footing, or for relationships where neither person will have to take a break from their careers to care for children or to support the other person’s career aspirations.

Making an agreement that one person will receive spousal support is the right choice for most situations where one person takes a career break or stays at home to care for children, or where one person prioritizes the career opportunities of the other.  

Clarifying Living Expenses and Financial Obligations

A prenup can also set rules for everyday finances:

• Who pays the bills?
• How will you manage joint and separate accounts?
• What contributions will be made to savings, retirement, or investments?

Discussing and documenting this upfront can avoid future disagreements.  It’s better to get on the same page at the beginning of the relationship, instead of realizing months in that your definitions of “joint expenses” are wildly different.

Estate Planning and Legacy Protection

Many people wonder, “can a prenup protect future assets or inheritance?” Yes, it can — including estate-related terms, is an important part of creating a prenup.

Securing Inheritance Rights Through a Prenup

A prenup can:

• Protect family heirlooms
• Ensure the property goes to the children from a previous relationship
• Align with your will or trust

This is especially important in blended families or where one partner has significant assets or family property.  A prenup can also include terms about how each person will handle estate planning.  Will each of you make wills that leave everything to the other person in the event of your death?  Will you make wills that mirror each other?  Or, in some circumstances, like later in life relationships, you may wish to include a term that each person can leave their property to whomever they like in their wills.

Addressing Smaller but Important Details

When you’re thinking through things to include in a prenup, don’t forget the little things.

Gifts, Loans, and Dispute Resolution Clauses

Your prenup can also address:

• Whether gifts between spouses are marital or separate property
• How family loans will be handled
• How will you resolve disagreements during your relationship, and if it ends

These clauses might not be top of mind, but they can be incredibly useful.

Customizing Your Prenup

No two couples are the same, so your agreement should reflect your unique circumstances. 

Here are some customization ideas:

• Addressing ownership of a home that one person owned before the relationship began
• Including terms about custody and ownership of family pets
• Addressing the ownership of a business owned by one partner

Jointly’s agreement builder is highly customizable and can guide you through creating an agreement that fits your family now and into the future.

What Not to Include in a Prenup

Not everything can or should go into your agreement. Some topics are off-limits.

Child Custody and Support

You cannot predetermine child custody or support in a prenup. Courts always prioritize the best interests of the child, and Canadian courts have decided that the best time to determine what is in a child’s best interest is at the time the relationship ends.

Avoiding Unenforceable or Illegal Clauses

We’ve heard of prenups that include things like:

• Penalties for gaining weight or infidelity
• Terms that contradict public policy
• Clauses that are too vague or punitive

If you’re drafting your own prenup, we strongly recommend not including clauses like these. These types of clauses could invalidate the entire agreement.  That’s why these types of clauses are not included if you are building your agreement with Jointly.

Proceed with Caution on Lifestyle Clauses

Some couples add clauses about social media rules or holiday traditions. These types of clauses are typically not legally enforceable.  These clauses are also not included if you’re building your agreement with Jointly. 

Keeping Your Prenup Up-to-Date

Just like your relationship, your prenup should evolve over time.

Life Changes That May Require Revisions

You may need to revise your prenup if:

• You buy a home together
• You have children
• One partner receives an inheritance
• You move to a different province or country
• One of you starts a business

Regular reviews (every 2–5 years) keep your agreement relevant and useful.  It also means that your agreement is more likely to be enforceable in the future.  For most of us, life doesn’t go exactly as planned – for better or for worse.  If you make an agreement at the beginning of your relationship, then don’t look at it again for 20 years, it’s very likely that the agreement will no longer fit the circumstances of your relationship.  What was fair and reasonable at the beginning of your relationship may not continue to be so as your life and relationship evolve.  We’ve built a review process into every Jointly agreement.  

Your Checklist for a Comprehensive Prenuptial Agreement

Essential Elements to Include in Your Agreement

Here’s a quick checklist of what should be included in a prenuptial agreement:

• Full financial disclosure
• Identification of separate vs. marital property
• Debt and liability management
• Spousal support terms
• Day-to-day financial responsibilities
• Estate planning considerations
• Conflict resolution and review clauses
• A clause confirming independent legal advice or waiver

As you’ve learned from the above, creating a legally valid prenup that includes everything you need to plan for your future can be complicated.  That’s why we don’t recommend trying to write your own prenup.  We know that legal services can often be expensive and inaccessible.  That’s where Jointly has you covered. Our platform helps you draft a fair, enforceable, and thorough agreement in language that you can understand – entirely online, for a fraction of the cost of traditional legal services.

Final Thoughts

So, what does signing a prenup mean? It means you’re taking control of your financial future, reducing the risk of conflict, and prioritizing open communication.

A prenup is not a prediction of failure — it’s a sign of mutual respect, trust, and careful planning. Whether you’re weeks away from your wedding or just starting the conversation, understanding how prenups work is an important step in creating a healthy, resilient partnership.

Explore Jointly’s learning centre to learn more and start building your prenup today.