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.
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.
Before signing, take time to read through the entire agreement together.
Confirm that:
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.
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:
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.
Once you are happy with your agreement and have received independent legal advice, you are ready to sign:
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.
Keep your signed agreement somewhere secure and accessible.
Common options include:
Being able to locate your agreement years later is important if circumstances change.
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:
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.
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:
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.
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)