Separation Agreements
Marriage Agreement Lawyers Vancouver BC
Mandy Shergill10 July 20252 min read
A marriage agreement (also known as a prenuptial or postnuptial agreement or cohabitation agreement) is a legally binding contract between spouses or intended spouses that outlines how assets, debts, and family responsibilities will be handled during marriage and in the event of separation. In British Columbia, these agreements are governed by the Family Law Act and can provide crucial protection for both parties.
What is a Marriage Agreement in BC?
Under Section 92 of the BC Family Law Act, a marriage agreement is a contract that addresses various aspects of a couple's relationship, including:
- Division of property and debts
- Spousal support obligations
- Management of daily expenses and finances
- Ownership of assets acquired during marriage
- Protection of business interests and inheritances
Key Requirements for a Valid Marriage Agreement
For a marriage agreement to be legally enforceable in BC, it must meet several crucial requirements:
- Written Format: The agreement must be in writing
- Signatures: Both parties must sign the agreement
- Witnesses: The signatures must be witnessed
- Full Disclosure: Both parties must provide complete financial disclosure
- Independent Legal Advice: Each party should receive independent legal counsel
When Should You Consider a Marriage Agreement?
Common Scenarios
- Entering marriage with significant assets or business interests
- Protecting inheritance or family property
- Second marriages, especially with children from previous relationships
- Significant income disparity between spouses
- Complex financial situations requiring clear documentation
Key Considerations for BC Residents
When creating a marriage agreement in British Columbia, consider:
- Timing: Execute well before the wedding to avoid claims of duress
- Fairness: Ensure terms are reasonable and balanced
- Future Changes: Include provisions for review and modification
- Property Division: Clearly define excluded property under Section 85 of the Family Law Act
- Documentation: Maintain thorough records of assets and obligations
- Review: Review date
Legal Disclaimer
This information is provided for educational purposes only and does not constitute legal advice. Every situation is unique, and outcomes may vary. Please consult with a qualified legal professional for advice specific to your circumstances.
Contact Shergill Law Corporation
At Shergill Law Corporation, our experienced family law team can help in crafting comprehensive marriage agreements, pre-nuptial, or post-nuptial or cohabitation agreement that protects your interests while maintaining fairness and legal compliance. We understand the sensitivity of these matters and provide compassionate, professional guidance throughout the process.
For a confidential consultation about your marriage agreement needs, contact Shergill Law Corporation today. Call us at or visit our website to schedule an appointment with one of our dedicated family law lawyers.
Frequently asked questions
Can a Marriage Agreement be Changed?
Yes, spouses can modify their marriage agreement or pre-nuptial, or post-nuptial or cohabitation agreement through mutual consent and proper legal documentation. Any changes must meet the same formal requirements as the original agreement.
What Cannot be Included in a Marriage Agreement?
Marriage agreements cannot include provisions that: Set child support obligations below federal guidelines Are unconscionable or grossly unfair Violate public policy or law
Can a Marriage Agreement be Challenged?
Yes. Under Section 93 of the Family Law Act, courts may set aside agreements if they find: Significant non-disclosure of assets Lack of independent legal advice Unfair or unconscionable terms Procedural irregularities in execution
This article is general information about family law in British Columbia. It is not legal advice for your situation. Speak with a lawyer about the facts of your own matter.