Once you have generated your agreement on Jointly, there are a few important steps to complete before your agreement is finalized and legally effective. Following these steps helps protect both partners and strengthens the enforceability of your agreement.
Step 1: Attach Your Property Disclosure Worksheet
Your agreement relies on full and honest financial disclosure.
Make sure you have completed your Property Disclosure Worksheet, listing all assets, debts, income, and financial interests as accurately as possible. For bank and investment accounts, we recommend including the last four digits of your account number so that it is crystal clear what you’re referring to. Your worksheets should be attached to your agreement as Schedules A and B.
Complete financial disclosure is one of the most important factors courts consider when deciding whether an agreement is enforceable. If information is missing or inaccurate, the agreement may be challenged later.
Step 2: Review the Agreement Together
Before signing, take time to read through the entire agreement together.
Confirm that:
- The agreement reflects your discussions and intentions
- Each of assets and debts are listed correctly in the property disclosure worksheet
- The terms feel clear and fair to both of you
- You both understand the agreement
This is your opportunity to make adjustments before the agreement becomes final. You can make major adjustments by regenerating your agreement in the Jointly Agreement Builder, and minor adjustments by revising the word document emailed to you by our platform. We recommend that you have a lawyer carefully review all changes you make.
Step 3: Get Independent Legal Advice
Independent legal advice means that each partner speaks with their own lawyer, separately, before signing the agreement.
Independent legal advice is mandatory in Alberta and recommended for Ontario and British Columbia. We recommend everyone get independent legal advice as it significantly improves the strength and enforceability of your agreement. It helps show that:
- Each partner understood the agreement
- Each partner knew their legal rights
- The agreement was entered into voluntarily and without pressure
Many family lawyers offer fixed fee independent legal advice appointments specifically for prenuptial agreements.
Your lawyer should review the agreement, answer your questions, and sign an Independent Legal Advice Certificate. Jointly provides a template for this certificate at Schedules D and E of your generated agreement.
Step 4: Sign the Agreement Properly
Once you are happy with your agreement and have received independent legal advice, you are ready to sign:
- Both partners must sign the agreement in front of an adult witness (someone other than your partner)
- The witness should then sign the agreement and list their name
- The signing should be voluntary and not rushed
The witness does not need to be a lawyer, but it recommended that your lawyer be your witness if you are getting independent legal advice.
After signing, each partner should keep an original signed copy. It is also a good idea to save a digital copy in a secure location.
Step 5: Store Your Agreement Safely
Keep your signed agreement somewhere secure and accessible.
Common options include:
- A personal safe or locked file
- Secure digital storage with backups
- Your lawyer’s records
Being able to locate your agreement years later is important if circumstances change.
Step 6: Review Your Agreement Over Time
A relationship agreement is not a one-time document. It should be reviewed as your life changes.
You should consider reviewing or updating your agreement if you:
- Buy or sell real estate
- Have children
- Experience significant income or career changes
- Accumulate substantial new assets
- Become financially reliant on your partner
Even without major changes, many couples review their agreement every two to five years to make sure it still reflects their intentions.
Jointly makes it easy to update your agreement if needed. After each review, you should complete the Review sheet at Schedule C and attach it to your agreement. This shows that you have considered the agreement against your changed circumstances. You should get independent legal advice prior to any changes.
Step 7: Follow the Terms of Your Agreement
Once your agreement is signed, it becomes a contract between you and your partner. It is important to follow the terms you agreed to during your relationship and if you ever separate.
This includes:
- Treating property, finances, and accounts in the way your agreement describes
- Keeping assets separate if the agreement says they should remain separate
- Following any financial arrangements or responsibilities set out in the agreement
Courts are more likely to enforce an agreement when both partners have respected its terms over time. If your circumstances change or the agreement no longer reflects how you manage your finances, it may be time to review or update it rather than ignore it.
If you are unsure how a specific clause applies in real life, a lawyer can help you understand how to follow the agreement correctly.
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