The worry
“If I bring it up, my partner will think I’m planning our divorce before the wedding.”
Prenuptial agreements
Getting married? Protect what you’re building, together.
A prenup isn’t about planning to fail. It’s how you start your marriage with clarity, honesty, and a shared understanding of your financial life.
Available in:
Written and reviewed by practicing lawyers.
Written and reviewed by Amanda Baron & Aimee Schalles,
practising Canadian lawyers.
Last reviewed July 2026
A common misconception
“Asking for a prenup means I
don’t trust you”
Lawyer drafted agreements at a fraction of the price as law firms. No hourly billing, and on your time.
What couples actually find
A prenup conversation is a money conversation, and money conversations are one of the strongest habits a marriage can have.
Making the plan together, before emotions and lawyers ever enter the picture, is an act of care for both of you. Every Jointly agreement is built by the two of you, side by side.
When it matters most
Why couples choose to protect themselves
There’s no wrong time before the wedding, but these are the moments when the conversation usually becomes concrete.
Start for freeYou’re bringing assets into the marriage
Real estate, savings, investments, or an inheritance you want to keep separate. A prenup puts your intentions into a clear, legally compliant agreement.
You own or are starting a business
Protect your business interests, partners, and employees. Without a prenup, your spouse may have a claim to your business.
You want to have honest financial conversations
The process of creating a prenup encourages open, productive conversations about money, values, and expectations.
You’ve seen what happens without one
Whether it’s a friend, family member, or your own experience, you know that separation without an agreement is costly and stressful.
An illustrative example
Sam started a business three years before the wedding.
By the time Sam and Renee marry, the business is doing well, and it keeps growing during the marriage.
If they separate years later without an agreement, the growth in that business during the marriage may be shareable under their province’s family property rules, even though Renee was never involved in it.
Sam and Renee decide together, in advance, how the business and its growth should be treated. No surprises, no litigation over it, and the conversation happens while they’re on the same team.
Before you start
What you’ll need
Nothing fancy. If you can gather this, you’re ready.
- Property and savings you’re each bringing into the marriage
- Business ownership and how growth is treated
- Spousal support expectations, including whether it applies
- The family home, pensions, and retirement savings
- Inheritances and family gifts, and keeping them separate
- Debt responsibilities, and even your pets
Province-specific by design
Prenup law is provincial.
Your agreement is too.
Ontario
Under Ontario’s Family Law Act, a prenup is called a “marriage contract”. It can set terms for property division and spousal support, and full financial disclosure from both partners is essential.
Prenups in OntarioBritish Columbia
BC’s Family Law Act lets couples make their own agreement about property and support. A well-made agreement can replace the default 50/50 division of family property.
Prenups in BCAlberta
Alberta recognizes prenuptial agreements under the Family Property Act. Agreements must be in writing and properly signed, and each partner needs independent legal advice for the agreement to be enforceable.
Prenups in Alberta
Make it even stronger with independent legal advice
Each partner reviewing the finished agreement with their own lawyer is required in some provinces, recommended everywhere. Jointly’s partner lawyers make the review affordable and efficient, with flat fees shown up front in the portal.
How ILA works
“My partner and I are very pleased, and my lawyer was quite impressed after reviewing the agreement. He could not believe we drafted it ourselves!”
Prenup questions
Frequently asked
Will a prenup hold up in court in Canada?
A properly made prenup is enforceable. That generally means in writing, signed and witnessed, made freely, and based on full and honest financial disclosure. Independent legal advice strengthens it further. Enforceability always depends on your circumstances and conduct, which is why Jointly guides you through each requirement, and why no honest provider or lawyer guarantees a court outcome.
How do I bring up a prenup with my partner?
Lead with “us”, not “me”. A prenup is a plan you make together while you’re on the same team. Many couples start with the free course and worksheets, which turn the conversation into a structured exercise you do side by side rather than a demand one partner makes of the other.
Can we change it after we’re married?
Yes. Life changes and your agreement can too: Jointly is built to make updating straightforward. After the wedding, changes take the form of a postnuptial agreement or amendment, and we walk you through it.
Do we both need our own lawyer?
Independent legal advice, where each partner reviews the finished agreement with their own lawyer, is required in some provinces and recommended in all of them. It’s a short, focused review rather than a full drafting engagement.
What can’t be included in a prenup?
Parenting time and child support for a possible future separation generally can’t be pre-decided in a prenup, and courts can set aside terms that are unconscionable or built on incomplete disclosure. A prenup is for property, debts, and support expectations: the financial architecture of your life together.
