Practice areas · Postnuptial agreements
No prenup? It’s not too late.
The protection a prenup offers, set up after the wedding – whether it’s been months or years. Often prompted by a new business or an inheritance.
Where you are
A postnup works like a prenup – just signed after “I do.”
Not every couple gets around to a prenuptial agreement before the wedding. A postnuptial agreement does the same job: it sets out how you and your spouse would handle assets and debts if you ever separated, or if one of you passed away. You can sign one months or many years into the marriage.
Many couples create one after a life change – starting a company, inheriting a family business, or one spouse leaving work to raise children. From our Saskatoon office, we help you put clear, fair terms in place so the question is settled before it ever becomes a dispute.
Book a consultationWhat prompts a postnup
Common reasons couples sign one
You don’t have to be heading for divorce. Many couples write one while the relationship is strong, simply for peace of mind.
A changed financial picture
You recently started a company, inherited a family business, or acquired assets you want to keep clearly identified.
One spouse stepped back from work
If one of you left a job to raise children or run the household, a postnup can protect that spouse’s financial future.
An inheritance to keep in the family
Sometimes a family even asks the recipient of an inheritance to sign a postnup so it stays within the family.
You simply ran out of time
Plenty of couples meant to sign a prenup and didn’t get to it before the wedding. A postnup closes that gap.
What it can – and can’t – cover
Property in, parenting out
A postnup focuses on how you would handle assets and debts on separation or death. Like a prenup, a few subjects are off-limits.
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Property and accounts
The family home and its contents, investment and vacation properties, bank and investment accounts, vehicles, jewellery, heirlooms, business interests, and insurance policies.
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Debts, support, and inheritance
Who is responsible for which debts, whether spousal support would be paid, and which assets minor children from a previous marriage would receive if you passed away.
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What cannot go in
A postnup cannot set child support or parenting arrangements – those are decided separately, in the child’s best interests. It also cannot contain illegal or improper terms.
Try to bargain away child support or parenting time and a court will not enforce the document.
What keeps it enforceable
The rules that make it binding
A postnup carries real weight, so the law sets clear conditions. Miss them and a judge won’t enforce it.
In writing and witnessed
The agreement must be in writing and signed by both spouses in front of a witness. A verbal understanding won’t be enforced.
Genuinely voluntary
Both spouses must agree freely. Coercion, threats, or dishonesty can void the agreement.
Independent legal advice
Each spouse should have their own lawyer review it – evidence the agreement was voluntary and that the terms are fair.
Not one-sided
An agreement that would leave one spouse destitute while the other walks away far better off is unlikely to be enforced.
Common questions
Things people ask before they call
What’s the difference between a prenup and a postnup?
The only real difference is timing. A prenuptial agreement is signed before the wedding; a postnuptial agreement is signed after, whether it’s been months or years. Both address how assets and debts would be handled on separation or death.
Do we have to be heading for divorce to sign one?
Not at all. Many couples sign a postnup while their relationship is strong, precisely because it’s easier to be fair and clear-headed before any conflict exists. It’s about peace of mind, not pessimism.
What can’t a postnuptial agreement include?
It cannot decide child support or parenting arrangements, and it cannot contain illegal or improper terms. Those issues are handled separately. Including them can make the whole document unenforceable.
What makes a postnup valid?
It must be in writing, signed by both spouses in front of a witness, entered into voluntarily, and reasonably fair. Each spouse having independent legal advice strongly supports all of that. Skip these steps and a court may refuse to enforce it.
Can we update a postnup we signed years ago?
Yes. If your circumstances have changed – new assets, a property you no longer own, or a different view on spousal support – a lawyer can help you update it. It’s also worth reviewing an older agreement if separation is on the horizon, to confirm it still makes sense and is still valid.
Not married, but living together? A cohabitation agreement may fit your situation.
Take the first step
Settle it now, while things are good.
You don’t need to have the details worked out before you call. Tell us what’s changed and what you want to protect, and we’ll help you decide whether a postnup fits and what it should cover.
Or tell us your story: admin@commonsenselawyer.com
Saskatoon office, Mon–Thu 9–5. Tuesday evenings by appointment.