Signs you need proper advice, not a template, on matrimonial property

You're getting married. Someone hands you a template antenuptial contract they found online or used in their own wedding five years ago. It seems simpler and cheaper than hiring a notary. Or maybe you're sitting with a notary who takes thirty minutes on the phone and sends you a standard form with your names plugged in—no real questions about your finances, your business, your partner's debts, or what actually matters to you both.

These are the moments when a generic approach quietly breaks your finances.

Antenuptial contracts are not interchangeable. Your marriage, your assets, your liabilities and your intentions are distinct. What protects one couple might expose another. A template cannot see what's invisible in your situation until it's too late—until you're separated, or one spouse has hidden debt, or a family business passes to someone never meant to inherit it, or a tax problem lands on both your shoulders when only one of you caused it.

When a template becomes a trap

A template antenuptial contract typically assumes a clean slate: two people with straightforward income, no prior debt, no kids from other relationships, no business interests. It works because it avoids complexity. That's also why it fails the moment your life does not fit that mould.

You need proper advice—not just a template—if you or your partner have owned a business or hold shares in one. A blanket "no accrual" clause sounds protective until you realise it's just pushed all the tax exposure onto one spouse, or it's left your business vulnerable to a divorce claim you didn't anticipate. You need proper advice if either of you has significant debt before marriage; a notary who knows your situation will structure the contract to shield one spouse from the other's liabilities in a way a template never will. You need it if you have children from previous relationships and want to preserve inheritance or guard an asset for them. You need it if your income is irregular, or one of you is about to come into money, or you own property in another province or country.

You also need proper advice if you notice your notary is not asking these questions at all. If they've never asked about your partner's debts, your business structure, your family obligations or your financial fears, they're not drafting a contract—they're stamping a form. A notary who doesn't dig into the messy particulars of your life is not protecting you; they're managing their time at your expense.

Similarly, beware the notary who makes financial decisions for you. They should explain the difference between accrual and no accrual, the tax implications, the risks and benefits. They should not tell you which one to choose. That's your call, informed by your circumstances and ideally also by an accountant or tax advisor if your finances are tangled. A notary who arrives at your contract already decided about your property regime is taking control of your marriage settlement without your buy-in.

How to spot the red flags early

Before you sign, you should feel that the notary understands your life. This does not mean they've become your friend; it means they've asked hard questions and listened to the answers. They should have probed your business interests, your debts, your family situation and your intentions. They should have explained—in language you grasp—what each section of the contract means for you and your partner. If you've met them once for half an hour and they're presenting you with a finished contract, you've missed the real work.

Another flag: a notary who discourages you from getting a second opinion. Professional notaries expect couples to verify their advice or consult an accountant on tax questions. If a notary is defensive about you seeking a second read, that's a signal they're not confident in what they've built.

The cost of proper advice upfront—a notary who takes time to understand your situation—is small compared to the cost of unravelling a badly drafted contract after separation or death. When you're on Strove comparing notaries, look for practitioners who ask about your specific circumstances before you meet, not ones who promise you a quick turnaround on a standard form. The right notary will take longer because they're doing the work that matters.