Practice areas · Prenuptial agreements
Clarity now, not conflict later.
Assets, debts, businesses, and children from before. A prenup is not about expecting the worst – it’s about deciding together while things are calm.
Where you are
A prenup isn’t planning to fail. It’s planning, period.
Legal paperwork is not the exciting part of getting married, and few couples enjoy thinking about divorce before the wedding. But none of us knows what years down the road will bring, and a prenuptial agreement lets you decide how things would be handled while you are both calm and fair-minded.
A prenup is especially worth considering if either of you has significant or business assets, meaningful debt, an inheritance to protect, or children from a previous relationship. From our Saskatoon office, we draft agreements that are clear, balanced, and built to be enforceable.
Book a consultationWho benefits most
A prenup is worth a conversation when
Almost anyone can benefit, but a few situations make the case especially clear.
Significant or business assets
A successful business, investment properties, or other valuable assets you want to keep in your name if the marriage ends.
Debt coming in
If one of you brings substantial debt into the marriage and you don’t want it divided on separation, a prenup can say so.
Dependents to protect
Children from a previous relationship, or family members who depend on you, can be protected so your assets reach them as you intend.
Inheritances and heirlooms
Family gifts, heirlooms, or an expected inheritance you want to keep separate rather than shared.
What it can – and can’t – cover
The boundaries matter
A prenup sets out how you will handle assets, debts, and certain financial questions. A few topics are off-limits, and including them can invalidate the whole agreement.
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Assets and property
How separate assets owned before marriage are handled, how marital property such as the family home would be divided, and what happens with inheritances, heirlooms, and the proceeds of insurance policies.
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Debts and spousal support
How debts each of you brings in are treated, and whether spousal support would be paid – including how to handle spousal gifts such as the engagement or wedding ring.
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What cannot go in
A prenup cannot decide child support or parenting arrangements – those are determined separately, in the child’s best interests. It also cannot contain illegal or improper terms. Adding them can make the whole agreement unenforceable.
Children’s education and religious upbringing can be discussed, but child support and parenting time cannot be bargained away in advance.
What keeps it enforceable
An agreement is only as good as how it’s made
Drafting a prenup that a court won’t enforce is a waste of time and money. These are the things most likely to make an agreement fall apart.
Full disclosure
Both people must fully disclose assets and debts. Hidden finances are a common reason agreements are set aside.
No pressure
If one person was coerced – or surprised with the document on the way to the wedding – a court is unlikely to enforce it.
Independent legal advice
Each of you should have your own lawyer review the agreement before signing, with real time to consider it.
Basic fairness
Terms that would leave one spouse with all the debt or none of the assets can be found clearly unfair and unenforceable.
Common questions
Things people ask before they call
Do we really need a prenup?
It depends on your situation. The clearest cases involve significant or business assets, substantial debt, an inheritance to protect, or children from a previous relationship. A short consultation is the best way to decide whether one makes sense for you.
What can’t a prenuptial agreement include?
It cannot decide child support or parenting arrangements – those are determined separately based on the child’s best interests. It also cannot contain illegal or improper terms. Including them can make the entire agreement unenforceable.
What could make our prenup invalid?
Common reasons include incomplete financial disclosure, one spouse being pressured or signing without time to review, the absence of independent legal advice, or terms that are clearly unfair to one side. Doing it properly the first time is what protects you.
Should each of us have our own lawyer?
Yes. Independent legal advice for each person shows the agreement was entered into voluntarily and with understanding, and it helps confirm the terms are fair to both of you – both of which make the agreement far more likely to hold up.
Can we update a prenup after we’re married?
Yes. As assets, debts, and circumstances change over the years, you can update the agreement with legal help. It’s also wise to have an existing prenup reviewed if you’re approaching separation, to confirm it is still valid before anyone relies on it.
Already married and wish you had one? A postnuptial agreement may be the answer.
Take the first step
Protect your future without doubting your partner.
You don’t need to know exactly what to include before you call. Tell us about your assets, your plans, and your concerns, and we’ll help you decide whether a prenup fits and what it should cover.
Or tell us your story: admin@commonsenselawyer.com
Saskatoon office, Mon–Fri 9–5. Evenings & weekends by appointment.