There are about 58,996 licensed lawyers in Ontario, according to a 2023 Law Society of Ontario report. Do you think you can find a prenup lawyer out of nearly 60,000? We think so! But first, you’ll need to know why you should hire one and what to look for. Prenup lawyers are so important because they help increase the enforceability of your agreement to avoid disputes over the understanding of the agreement and voluntariness of the agreement. And what makes a lawyer “good?” Things like communication style and creativity matter! And don’t forget to go with your gut and make sure you feel comfortable with this person. Let’s dive into everything you need to know about prenup lawyers in Ontario.
Why you need a prenup lawyer in Ontario
Prenups in Ontario are great, but they’re only useful if they work. While hiring a lawyer isn’t explicitly required for an Ontario prenup to hold up in court, it is still a great idea to hire one anyway. Here’s why you need a prenup lawyer in Ontario:
- The complexity of Ontario family law: Unless you’re specifically familiar with the ins and outs of Part IV of the Family Law Act, then there’s a good chance you should consider hiring a family law lawyer. Not only is the Family Law Act the governing body of law you’ll need to understand, but also court opinions, which are even more difficult to understand as a non-lawyer.
- Increasing odds of enforceability: Hiring an Ontario family law lawyer helps increase your chances of your agreement holding up in court because having a legal advocate shows you willingly entered into the agreement with expert advice.
- Protecting your finances and rights: Lawyers provide you with options, workarounds, suggestions, and best practices for making sure your finances and rights are protected throughout the prenup process.
- Negotiation and drafting: Hiring a lawyer to negotiate on your behalf and draft the agreement itself can take the weight off of your shoulders and allow you to sit back and enjoy the ride. No stressing over awkward conversations or difficult legalese.
What to look for in a prenup lawyer
So you are ready to hire a prenup lawyer in Ontario, but what should you look for? Are there certain certificates or licenses you should be looking for?! Nope! Technically, any lawyer licensed in the province of Ontario, Canada, can help you with a prenup, but not just any lawyer may be a good fit. You will also want to be careful of the lawyers who “dabble” in prenups and who don’t do this as part of their regular practice. Here are some things to look out for when selecting a prenup lawyer:
- Experience in prenups: First and foremost, you’re going to want to choose a lawyer who has experience in marital agreements, including prenups. Not all family lawyers regularly draft and enforce prenup agreements.
- Good online reviews: One good rule of thumb is to take a look at the reviews of your potential lawyers and make sure their previous clients had good things to say. One or two bad reviews might not mean much, but if everyone is saying the same thing…you may want to steer clear. Online reviews should not be your only source of information, though. Remember, many clients want privacy and discretion when it comes to prenups, and they don’t necessarily do reviews even when they are thrilled with their lawyers.
- A focus on collaboration: You want to hire a prenup lawyer who is keen on collaboration as opposed to conflict. You don’t want to hire someone who is going to create hostility in your relationship when it’s totally unnecessary.
- Communication skills that meet your needs: Whether you like straight-to-the-point communicators or emotionally intelligent communicators, you should choose a lawyer who suits you. Also manner of communication – can you communicate via email or do you have to set in person appointments.
- Use of technology: Ask the lawyer whether they use software to upload financial statements and documents and e-signatures. If a lawyer requires you to come to their office to sign documents or they require paper financial document briefs, it is a sign your prenup is going to take a lot more time to complete and likely cost more.
- Quick replies: There’s nothing worse than waiting days for a reply from a professional, especially your prenup lawyer. Test out any potential prenup lawyer by sending them a consult request and timing them on their reply. People who are relatively quick may be someone you want to consider. Others that take several days may be someone you want to skip.
- Creativity: A good prenup lawyer should be able to get creative in order to meet the needs of their client. If their client and their client’s partner want to accomplish something, the prenup lawyer should have the creativity and knowledge to come up with different solution options to meet their goals.
At the end of the day, a good prenup lawyer is going to be someone you feel really comfortable with, as you will be sharing incredibly sensitive information with this person, such as relationship matters and financial data.
How to find a good prenup lawyer in Ontario
Now that you know what to look for in a good prenup lawyer, where do you find one? Great question! Here are some ideas to get your prenup lawyer search started:
- Google: There’s no harm in typing “Prenup lawyer Ontario” or “Prenup lawyer near me” into your search bar and starting that way.
- Law Society of Ontario’s website: Go straight to the source and try looking through the lawyer directory there.
- Online legal directories: You can try other online legal directories like BestLawyers.com to find family law lawyers in Ontario.
- Ask around: Try asking friends, family, neighbors, coworkers, you name it. Hiring a prenup lawyer who has already been vetted through someone you trust is a great way to find one!
And remember, you can always ask for a 10-15 minute free consultation with several lawyers to get a feel for who you feel the most comfortable with! Most Ontario lawyers will offer this option to you.
The prenup process in Ontario
Once you’ve hired a prenup lawyer in Ontario, the process is simple. It typically begins with a complimentary consultation to discuss your situation, talk about legal fees, and discuss next steps. The next meeting will take a deep dive into your prenuptial goals and your financial picture.
From there, your lawyer will collaborate with your partner’s legal counsel to shape the agreement’s framework. A draft agreement will be prepared, reviewed, and refined, ensuring both parties’ interests are represented.
Finally, you and your partner will have a chance to review the finalized agreement, ask any remaining questions, and formally sign it in the presence of a witness.
Prenup lawyers in Ontario are easy to find if you know the right methods!
As you can see, hiring a lawyer has a ton of benefits–including increasing the odds of your agreement standing in court! It combats any doubts that either party understood what they were signing or were forced into the agreement. And don’t worry; finding a prenup lawyer is a piece of cake. Look for someone experienced, with good communication and a touch of collaboration, and you’ll be set! All that’s left? Sign your prenup, and cheers to your wedded journey ahead!
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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