What to do next
Identify what you actually want to protect
A business, an inheritance, assets intended for children from a prior relationship, or clarity on support are the usual drivers. Being specific makes the agreement more likely to hold up.
Exchange complete financial disclosure
Both spouses must disclose honestly. Missing or concealed information is among the most common reasons these agreements are later set aside.
Use separate lawyers
Independent legal advice for each spouse strongly supports enforceability, and in much of Canada carries significant weight. Do not share one lawyer.
Frequently asked questions
Is a postnup as enforceable as a prenup?
The principles are largely the same — writing, voluntariness, full disclosure, and terms that are not unconscionable — though courts scrutinize postnups at least as closely.
Can it cover child support or custody?
No. Those are determined in the child's best interests and cannot be fixed by agreement between the parents.
Can we do one after a rough patch?
Yes, some couples use a postnup as part of reconciling. Voluntariness matters, so pressure in the moment undermines enforceability.
Does it have to be fair?
Terms that are unconscionable can be set aside. An agreement can favour one spouse but should not leave the other in a grossly unfair position.
This is general information, not legal advice. Laws vary by location and every situation is different — speak with a qualified lawyer about your specific circumstances.