If you’re thinking about creating a prenuptial agreement, you might be wondering: can I write my own prenup and have it notarized? The short answer is yes, but there are some important things to know if you want your prenup to hold up legally and feel fair for both partners.
In this guide, we’ll walk you through how to do a prenuptial agreement yourself, what makes a prenup effective, and when it’s a good idea to get legal support.
Writing a prenup yourself is absolutely possible. With the right tools, you can create a clear, thoughtful agreement that protects both partners and reflects your shared goals.
Here’s how to write your own prenuptial agreement in Canada:
A prenup doesn’t need to be notarized in Canada, but some provinces (like Manitoba and Alberta) require that each person get independent legal advice. That means each person takes the agreement to their own lawyer, who will review the agreement with you and ensure that you understand it before you sign it. Even if your province doesn’t require it, getting independent legal advice on your prenup helps prove that both people signed voluntarily and understood the agreement.
Yes, prenups are effective when they are done properly. They’re one of the best ways for couples to make proactive, informed decisions about their finances and their future.
To be effective, a prenuptial agreement must meet certain legal standards:
A prenup doesn’t need to be notarized. However, if independent legal advice is required in your province and you skip it, your agreement may not be enforceable. Even where it’s not required, independent legal advice can provide valuable proof if there’s ever a dispute about the agreement.
Each province and territory in Canada has its own family law rules. While the core elements of a valid prenup are similar across the country, it’s important to be aware of local requirements.
For example:
Understanding your local laws is key to making your prenup legally sound.
You don’t need a lawyer to write your prenup, but it’s a good idea to have one review it especially if your finances are complex or you want extra confidence in your agreement. Many people choose to start with a do-it-yourself prenup (like Jointly’s platform) and then get legal advice before signing.
Yes! Many couples choose to do their own prenup using a trusted online platform like Jointly. Our process helps you through each step so you can feel confident in what you’re creating. That said, getting legal advice before signing is still a smart move, and is legally required in some provinces. When you sign up for our free Prenup Starter Kit, you’ll learn whether independent legal advice is mandatory in your province.
Fairness is not just about dividing everything 50/50. It’s about each person being informed, having input, and understanding the agreement. If a prenup feels too one-sided, a court may set aside some or all of it.
Writing your own prenup can be empowering, but it’s easy to make mistakes that weaken the agreement.
Avoid these common issues:
Jointly’s platform helps both partners stay involved and make informed choices together.
A prenup is only valid if both partners have shared full and honest financial information. If you don’t disclose an asset or debt, your agreement could be challenged in court. We can’t overstate the importance of this step and if you hide something from your partner at this stage, your entire agreement is at risk.
Writing a prenup is one of the most important financial planning steps you can take as a couple. Whether you’re planning a wedding or building a life together, a prenuptial agreement gives you clarity, confidence, and peace of mind.
At Jointly, we make it simple to write your own prenuptial agreement. Our step-by-step online tool walks you through the process, explains key legal concepts, and helps you create a prenup that reflects your values and protects your future.
Start your prenup today and build your future together.
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)