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When people get married, the conversations before are often about love, dreams of the future, and goals. Other conversations are equally important, though they may seem less romantic – the practical aspects of merging two lives – and this is often when a prenuptial agreement, often referred to as a prenup, is helpful. And even though it may not feel romantic, the clarity and comfort a well-crafted prenuptial agreement can provide is, in fact, romantic in spirit!
At Panko Collaborative Law & Mediation, prenuptial agreements are about building a future together where you can both feel confident and comfortable knowing your interests are protected and you are looking out for each other no matter what the future may hold.
What Is a Prenuptial Agreement?
A prenuptial agreement is an agreement between two people who are planning to get married. It can include how property, financial, and other matters will be attended to in the event of a separation and divorce.
While some might feel that prenups are only for high-net-worth individuals, they can be a helpful tool for any couple who wants to approach their marriage with transparency and intentionality.
Common Reasons Couples Choose Prenups
Prenups aren’t just for celebrities or those with significant assets. Many people consider a prenup for reasons such as:
- Protecting business interests,
- Clarifying property ownership,
- Safeguarding inheritance or family gifts,
- Agreeing to potential spousal support entitlements, and;
- Reducing conflict and uncertainty in the event of a separation.
A well-prepared prenup should reflect both parties’ values and ensure that important financial conversations happen early and openly.
What Can Be Included in a Prenup?
In Saskatchewan, a prenup can cover a variety of topics, including:
- Division of property and debts,
- Ownership and control of a family business,
- How gifts or inheritances will be handled,
- What spousal support might be agreed to,
- What happens to jointly owned property, and;
- Responsibilities for certain expenses during the marriage.
Some things can’t be finalized in a prenup and depending on how property and finances are handled during a relationship, how a prenup is interpreted may change — it is helpful to regularly review a prenuptial agreement to ensure it is still aligned with the parties’ interests. Regularly checking in can help provide clarity and confidence for the couple and deepen the relationship, because caring for one another’s best interests is romantic.
How to Create a Fair and Enforceable Agreement
Though agreements of many sorts can be held up as binding, in Saskatchewan, best practices to ensure an agreement is upheld are as follows:
✔️ Independent Legal Advice: Each party is encouraged to take a prenuptial agreement to a lawyer to receive a certificate of independent legal advice – this is like a mini insurance policy on the agreement.
✔️ Full Financial Disclosure: Each party should be satisfied that they have full knowledge of all financial matters included in the prenuptial agreement.
✔️ Voluntary Agreement: The prenup must be signed willingly, without pressure or coercion.
✔️ In Writing and Properly Signed: It is helpful to have a prenuptial agreement written and signed. This can prevent future confusion and provide both parties with clarity and confidence.
At Panko Collaborative Law & Mediation, we take a collaborative approach to drafting prenuptial agreements—ensuring both parties feel respected, heard, and informed throughout the process.
Why a Collaborative Approach Matters
Discussing financial matters can feel uncomfortable. When handled with care, prenup conversations can strengthen your relationship and build mutual trust. Through Collaborative Law or mediation, couples can create agreements in a respectful, cooperative environment.
Our team of family lawyers in Saskatoon supports couples in designing prenups that reflect their shared values and vision for the future.
Planning Ahead with Confidence
A prenuptial agreement isn’t a plan for divorce—it’s a framework for open communication and future planning. Whether you’re entering marriage with significant assets, children from a previous relationship, or just a desire to be clear and fair, a prenup can help.
Interested in creating a prenuptial agreement that works for both of you? Call us to better understand your options before booking a consultation.
Call us at (306) 975-7151 or send us a message to get started.
