Overview
Understanding Family Law Agreements in BC
Family law agreements allow couples to define their own arrangements for property, support, and parenting, rather than relying on default legal rules or court decisions. These agreements can be made before a relationship (prenuptial/marriage agreements), during a relationship (cohabitation agreements), or at the end of a relationship (separation agreements).
In British Columbia, family law agreements are governed by the Family Law Act. For an agreement to be enforceable, each party must have had an opportunity to receive independent legal advice, there must be no undue influence or duress, and the agreement must not be 'significantly unfair.' Full financial disclosure is essential to ensure the agreement is informed and fair.
Prenuptial and cohabitation agreements typically address what happens to property and support if the relationship ends. They may opt out of the Family Law Act's property division scheme, protect inheritances or business interests, and waive or limit spousal support. However, agreements cannot contract out of child support obligations, which remain the right of the child.
Separation agreements are comprehensive documents that resolve all issues arising from the end of a relationship: property division, spousal support, child support, and parenting arrangements. A well-drafted separation agreement provides certainty and closure, allowing both parties to move forward without the need for court intervention.
Our Agreement Services
- Prenuptial Agreements (Marriage Agreements)
- Cohabitation Agreements
- Separation Agreements
- Property Division Agreements
- Support Agreements
- Parenting Agreements & Plans
- Independent Legal Advice
- Agreement Review & Analysis
- Agreement Variation
- Agreement Enforcement
Creating a Family Agreement
Initial consultation
We discuss your goals, concerns, and circumstances to understand what you want the agreement to accomplish and what terms are most important.
Financial disclosure
Both parties exchange complete financial disclosure. This is essential for the agreement to be enforceable and to ensure informed consent.
Negotiation
We negotiate terms with the other party or their lawyer. We advocate for your interests while working toward a fair resolution.
Drafting
We draft the agreement with clear, comprehensive terms that reflect your intentions and comply with legal requirements for enforceability.
Execution
Both parties sign the agreement after receiving independent legal advice. We ensure proper witnessing and provide certified copies.
Frequently Asked Questions
Are prenuptial agreements enforceable in BC?
Yes, prenuptial agreements (called 'marriage agreements' in BC) are enforceable under the Family Law Act. However, a court can set aside an agreement if a party did not understand the agreement, was pressured into signing, or if the agreement is 'significantly unfair.' To maximize enforceability, both parties should receive independent legal advice, provide full financial disclosure, and sign well before the wedding.
What should be included in a separation agreement?
A comprehensive separation agreement should address: property division (assets and debts), spousal support (amount, duration, and termination), child support (if applicable), parenting arrangements (guardianship, parenting time, decision-making), and any other matters specific to your situation. It should also include provisions for dispute resolution, amendments, and releases of claims.
Do I need a lawyer to make a family agreement?
While you can make an agreement without a lawyer, it is strongly recommended that both parties receive independent legal advice (ILA). ILA is one of the factors courts consider when determining whether an agreement is enforceable. Without ILA, a party may later claim they did not understand the agreement or were taken advantage of. Legal advice ensures you understand your rights and the consequences of the agreement.
Can I protect my inheritance in a cohabitation agreement?
Yes. Although inheritances are excluded property under the Family Law Act, the increase in value during the relationship is family property. A cohabitation agreement can confirm that inheritances and their growth remain excluded. This is especially important if you plan to use inheritance funds for joint purposes (like a home) while still intending to keep them separate.
Can a separation agreement be changed later?
Yes, separation agreements can be varied by a new agreement between the parties or by court order. Child support is always reviewable and should be updated when there are material changes in income or circumstances. Spousal support may be varied if there is a material change, unless the agreement specifically prevents variation. Property division is generally final once agreed unless there was a failure to disclose assets.