Protecting what you bring in
Property you own before the marriage can stay excluded from family property, but only if the agreement is structured and documented properly from the start.
Services
Prenuptialagreements.
A prenuptial agreement sets out how property, debt and support are handled if the marriage ends. We draft agreements that are clear, fair on their face and built around your actual circumstances, not a template.
How signing works
Start early, sign with time to spare.
Months out
Book a consultation
We review your situation and explain how BC law applies to you.
Next
We draft
A tailored draft built around your assets and goals. No templates.
Then
Disclose
Both of you exchange full financial disclosure.
Then
Independent advice
Each of you reviews the draft with your own lawyer.
Before the wedding
Sign
With time to spare, so nobody signs under pressure.
The day
Wedding
The agreement takes effect when you marry.
Quick check
Is a prenuptial agreement for you?
The agreement itself
Rules set before the wedding.
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.
- 02Assets you bring in
Property, inheritances and gifts each of you owns now can be kept out of family property.
- 03Growth in value
By default, the increase in value of excluded property during the marriage is divided. An agreement can change that.
- 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.
- 03Enough time, signed freely
Start well before the wedding. An agreement signed days before the ceremony, under pressure, is easier to challenge.
- 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).
What we do
Clear terms for every asset.
We draft prenuptial agreements for couples planning to marry, and we review agreements put in front of you.
Business and professional practices
Founders, shareholders and professionals can protect equity from family property claims, a common and often critical term.
Inheritances and family gifts
Money and property from your family can be kept in your family, including expected inheritances and trusts.
Spousal support
Agreements can address entitlement, amount and duration of support, including terms that limit or waive it in defined circumstances.
Property outside BC
If either of you owns property abroad or may live elsewhere, the agreement should say which law applies and work in each place.
Reviewing an agreement you were given
We give independent legal advice and a certificate to the partner who was handed the agreement, so you understand it before you sign.
Which agreement fits
Four agreements, one question.
This page
Prenuptial agreement
- When
- Before the wedding
- Who
- Couples about to marry
- Applies
- It applies if the marriage ends
Related
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.
Do we need a prenuptial agreement?
Not every couple does. It is most useful when one or both of you own a business, significant property or investments, expect an inheritance, have children from an earlier relationship, or want terms different from the default rules in BC's Family Law Act. We will tell you plainly if the default rules already suit you.
What happens if we do not have one?
Under BC's Family Law Act, family property and family debt are generally divided equally when spouses separate. Property you owned before the relationship, inheritances and gifts are excluded, but any increase in their value during the relationship is divided.
How far ahead of the wedding should we sign?
Start early. Beginning several months out gives both of you time to disclose, review and negotiate. An agreement signed days before the wedding is easier to challenge as having been signed under pressure.
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 a prenuptial agreement?
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.
Does it cover what happens if one of us dies?
A prenuptial agreement deals with separation. What happens on death is governed by your will and BC's estate laws, so the two should be reviewed together. We can review your will alongside the agreement.
Protect what matters.
Book a confidential consultation to discuss your prenuptial agreement.
Book a consultation