We’ll save you from the suspense: The answer is no–you don’t *need* to get your prenup notarized in Ontario in order for it to be enforced. However, getting it notarized has plenty of benefits and might be something you want to consider doing anyway. Below, we discuss all of the requirements of a valid prenup in Ontario, the benefits of notarization, how notarization works, and more. Let’s dive in!
The requirements for a valid prenup in Ontario
Notarization is not required for a valid prenup in Ontario, according to the Family Law Act, Part IV, Sections 51-54. Instead, all that is required is:
- The prenup is in writing
- The prenup is signed by both parties
- The prenup is witnessed by one other person not related to the contract
- Both parties exchange financial information (the values of assets, debts, income, and future inheritances)
- The agreement is absent of fraud, duress, coercion, inequities, etc.
As you can see, notarization is not a strict requirement in an Ontario prenup. However, it can still be a good idea. We discuss why below.
Why you should consider getting your Ontario prenup notarized anyway
Even though it is not required, here are the ways notarization can be beneficial to your prenup:
- Notarization helps eliminate any question of fraud, such as the argument that one person didn’t actually sign it and the signature was forged
- Notarization helps confirm that each party signed the agreement willingly and freely
- If your witness is no longer around when the prenup is contested, having another person able to confirm the signatures can be helpful
- Notarization adds a level of formality to the document
While a notarized prenup is not legally required in Ontario, it can provide some assurance your agreement holds up under questions of fraud, etc.
What is notarization, and how does it work?
You might wonder what notarization is and how it works. It’s very simple. Notarization is the act of signing a contract in front of a notary public after verifying your identity. Here’s an example to demonstrate how it might work:
John and Lisa decided to get their prenup notarized, so they took their agreement to a notary public. Once they’re at the office of the notary public, they must prove their identity to the notary public by showing their IDs and answering some questions. Next is signatures. The notary public watches them each sign the agreement. Finally, the notary signs off on it themselves, attaching their seal and their notary public identification number. And it’s done and dusted all in a matter of 20-30 minutes! Easy peasy.
Where can I get my prenup notarized in Ontario?
Notarizing your prenup is easier than you might think! You can choose from a variety of notary options, both in-person and online. Pop into your local UPS store, or if you’re working with a lawyer to draft your prenup, they can likely connect you with a notary public within their firm. For even more convenience, you can consider a mobile notary who comes to you or do the increasingly popular option of online notarization, where the entire process is handled virtually.
How much does notarization cost?
Don’t worry–it’s cheap! Depending on which notary service you choose, the pricing can range anywhere from $25 to $50. Some places may even offer it for free–such as if your lawyer has a colleague in their firm who can notarize for you or at your bank. Online notary services and mobile notary services are typically a bit more expensive because you are paying for the convenience.
The bottom line
The takeaway is that notarization is not strictly required for an Ontario prenuptial agreement. However, it can provide protection to avoid any questions of fraud in the future. It also is super easy to accomplish–it only takes 20 minutes or less to complete and can be done in-person or online. The best part? It’s super affordable to accomplish (we’re talking $50 or less, usually). It’s up to you whether you want to do notarization, but it’s definitely worth considering!
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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