Congrats on your engagement! If you’re looking for a prenup lawyer, it means you want a prenup–congrats on that, too! It’s a huge step in the right direction toward creating a strong foundation for your marriage. Prenups are marital planning tools that allow you to determine how certain financial and lifestyle matters are dealt with while you’re married and in the event of a separation. But do you need a lawyer? How do you find one in Toronto? We discuss everything you need to know on this topic below. Get ready to take notes!
Do you need a lawyer for a valid prenup in Ontario?
First and foremost–do you even need a lawyer for a valid prenup in Toronto? Great question! The law governing prenups in Toronto is the Family Law Act (R.S.O. 1990, c. F.3). The law does not specifically require independent legal advice (ILA), but a court may consider the presence or absence of a lawyer in determining the enforceability of the agreement. So, bottom line? While having a lawyer isn’t strictly required, it can become a factor that is considered when deciding whether to set aside the agreement or not. So it is highly recommended to hire a lawyer. Hiring a lawyer will also help you understand your rights and obligations in family law so you understand what you are signing.
6 steps to finding a prenup lawyer in Toronto
Let’s walk through the step-by-step process of finding and hiring a lawyer for your prenup in Toronto.
Step 1: Start with your network
A great place to start your search is to ask around. Ask friends, family, coworkers, neighbors, etc. about their experience with prenup lawyers. This is one of the best ways to find a prenup lawyer because you have trusted individuals giving you positive feedback about the person.
Step 2: Dive into Google
You can always rely on good old search engines to get the job done. Try searching terms like “Toronto prenup lawyer” or “prenup lawyer Ontario” to get it started. Make sure you check each lawyers website to ensure they offer prenup services and also check their former client reviews.
Step 3: Check the Ontario Law Society Association website
Another pro tip for finding a Toronto lawyer is to check the Law Society Website. You can sift through all Ontario licensed lawyers who focus on family law.
Step 4: Vet the lawyer’s former client reviews
One incredibly crucial step to finding a lawyer to do your prenup is to check their client reviews. You can read through the various experiences people had with this lawyer and determine if there are any themes. For example, if you see a recurring theme that “the lawyer is hard to get a hold of,” that’s probably what you can expect. It’s best to go into it with eyes wide open and to make an educated decision.
Step 5: Have a free consultation with a few lawyers
Another tip is to have free consultations with all of the lawyers you are considering. Many Toronto prenup lawyers will offer a 10-20 minute free consultation to meet the potential client and answer preliminary questions. This is the perfect time to get a feel for the lawyer and their practice style.
Step 6: Secure your choice
Once you’ve made your decision–congrats! It’s time to sign an engagement letter with the lawyer and likely provide a retainer to secure their services.
Qualities of a “good” prenup lawyer
One lingering question you may have is, “What makes a lawyer ‘good’?” Of course, there is a level of subjectivity to this answer, but here are some things that you can consider in determining whether a lawyer is good:
- Collaborative approach vs. adversarial approach: Hiring a lawyer with a more collaborative approach may be better than hiring a lawyer who is adversarial and facilitates hostility right before your marriage.
- Experience in prenups: Of course, you’ll want someone who has experience in drafting prenups. Hiring someone who’s never done a prenup may not be the best idea as they may not understand the best practices that experienced prenup lawyers do.
- Communication style: A good prenup lawyer is someone you feel comfortable with. If you prefer someone who is sharp, to the point, and no fluff but you hire someone who is softer and more chatty, then you may not be happy with your experience.
- Mediation experience: While not required, having mediation experience may be a nice “plus” for a prenup lawyer. This means they are great at helping people reach a decision which is important for a prenup because you need to come to an agreement with your bride or groom to-be.
- Good reviews: Former client reviews hold a lot of weight. They are real clients with real experience with this lawyer. They can be very telling into the quality of the lawyer. Of course, not every single review is valid, but if there are any recurring themes you can probably rely on that as true.
Prepare for a free consultation
If you’re taking our advice and booking some free consultations with potential lawyers, you will need to do a little prep before your meeting. You want to make sure you get the most out of these brief calls, so it is crucial to be prepared. You can start by creating a list of questions that you want answered. But how do you create a list of questions? Start thinking about what you want to achieve with the prenup and gathering all of your financial information. These may stir up some questions.
If you’re at a roadblock and have no idea what to ask, here are some questions to consider asking:
- What are your hourly rates and what can I expect for overall cost? Is there a retainer fee? Is the retainer refundable?
- How long does it usually take from first intake call to signing the prenup?
- Can we do the entire process virtually or do I need to come into the office?
- Does Ontario law make sense for our prenup’s choice of law based on our specific situation?
- I really want to achieve [insert goal here] is this something that can be achieved with a prenup?
- How does the execution process work? Where should we store our prenup?
Final thoughts
As you can see, finding a Toronto prenup lawyer isn’t a stressful ordeal! Just follow our tips above for finding a good Toronto prenup lawyer who gets you and your needs. While a lawyer isn’t strictly required, having one on your side can make a huge difference in creating a prenup that’s tailored to your situation. Plus, having legal counsel can strengthen your agreement and show a court that you were well-informed and protected throughout the process. So, here’s to a happy marriage and a secure future! Cheers!
Anna-Marie Musson is a Family Lawyer with over 20 years’ experience. A graduate of Windsor Law, Anna-Marie began practising in 2003. She was a partner at a prominent national Bay Street law firm before starting her own firm. Anna-Marie helps professionals and high net worth clients navigate the financial, emotional, and legal issues in divorce and separation. She also helps clients preserve their net worth and avoid financial ruin with Marriage Contracts (Pre-nups) and Cohabitation Agreements. Anna-Marie is the host of the Modern Divorce Show on 105.9 The Region and also hosts the upcoming Podcast – Love & Wealth.
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