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Marriageagreements.
A marriage agreement, often called a postnuptial agreement, is made after the wedding. It sets how property, debt and support are handled if the marriage ends, based on the life you have now. We draft agreements that are clear and enforceable, and we review agreements put in front of you.
Timing
Same rules, signed after the wedding.
Before the wedding
Prenuptial agreement
For couples who are about to marry.
The wedding
This page
Marriage agreement
For spouses who are already married. There is no deadline, and it can cover what you already own.
The terms and the tests for enforceability are broadly the same. Only the timing changes.
The agreement itself
Rules set while you are married.
What it can set
The terms
What you decide before you need to.
- 01Property and debt
How real estate, investments, RRSPs, business interests and debt are divided if the marriage ends.
- 02What you already hold
An agreement can deal with property and debt you have now, not only what you acquire later.
- 03Business interests
Equity in a business built during the marriage can be valued and divided on terms you choose.
- 04Spousal support
Whether support is paid, how much and for how long, including limits or waivers in defined circumstances.
What makes it hold
Enforceability
What keeps it from being set aside.
- 01Full financial disclosure
Each of you must disclose assets, debts and income accurately. An agreement made without it is at risk of being set aside.
- 02Independent legal advice
Each of you should have your own lawyer. A certificate of independent legal advice shows it was done.
- 03Signed freely, with no ultimatum
Neither spouse should be pressured, for example told the marriage depends on signing. Time to review matters.
- 04Fair when made, and later
A court can set aside property terms that are significantly unfair (Family Law Act, s. 93), so the terms need to be reasonable when you sign. The agreement must also be in writing, signed by both of you and witnessed (s. 92).
When couples make one
Life changes, so does the agreement.
Most marriage agreements follow a change in the couple's finances or family.
01
A business started or bought
Equity in a business built during the marriage is generally family property. An agreement sets how it is valued and divided.
02
An inheritance or family gift
Money from your family can be kept separate, including how any growth in its value is treated.
03
Buying property with family money
If parents contribute to a home or investment, the agreement can record whose money it is and what happens on separation.
04
One partner stepping back
When one spouse reduces work to raise children or support a career, an agreement can address support and property fairly.
05
Children from an earlier relationship
Terms can protect assets you want to pass on, and can work alongside your will.
06
Updating an earlier agreement
If you signed a prenuptial agreement years ago, a marriage agreement can bring it in line with your life now.
How it works
From first call to signed.
02
We draft the agreement
We prepare a tailored draft that reflects your assets, your goals and the enforceability requirements of the Family Law Act. No templates.
03
Disclose, review, sign
Both of you complete financial disclosure, review the agreement with independent legal advice and sign a binding agreement.
Which agreement fits
Four agreements, one question.
Related
Prenuptial agreement
- When
- Before the wedding
- Who
- Couples about to marry
- Applies
- It applies if the marriage ends
This page
Marriage agreement
- When
- After the wedding
- Who
- Spouses already married
- Applies
- It applies if the marriage ends
Related
Cohabitation agreement
- When
- While living together
- Who
- Unmarried partners
- Applies
- It applies if you separate, and can continue if you marry
Related
Separation agreement
- When
- After you separate
- Who
- Spouses or partners who have decided to part
- Applies
- It sets out property, debt, support and parenting
Common questions
Questions
we hear.
What is a marriage agreement?
A written agreement between spouses, made during the marriage, that sets how property, debt and support are handled if the marriage ends. It is made under BC's Family Law Act.
Is it the same as a prenuptial agreement?
The terms and the tests for enforceability are broadly the same. The difference is timing: a prenuptial agreement is signed before the wedding and a marriage agreement is signed after it.
Is it the same as a separation agreement?
No. A separation agreement settles real issues after a couple has separated or is about to. A marriage agreement is made while you are together and sets the terms in case you separate later.
Can we sign one after we are already married?
Yes. There is no deadline. It can deal with property and debt you already hold as well as what you acquire later.
Do we both need independent legal advice?
Yes. Each of you should have your own lawyer, because one lawyer cannot properly advise two people whose interests differ on the same agreement. A certificate of independent legal advice records that it happened.
Will a court enforce it?
Usually, when it was made properly. A court can set aside property terms that are significantly unfair and can review terms about children and, in some cases, spousal support. Full disclosure, independent legal advice and reasonable terms are what keep an agreement in place.
Can it deal with our children?
It can record your intentions, but a court decides parenting and child support based on the child's best interests at the time, whatever the agreement says.
Put it in writing.
Book a confidential consultation to discuss your marriage agreement.
Book a consultation