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).
Family agreements can be binding, but different rules apply to property, support and parenting. Disclosure, understanding, vulnerability and the circumstances of signing can affect enforceability. Independent legal advice is an important safeguard, not a guarantee that a court will uphold every term.
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.
A separation agreement may resolve some or all issues, including property, support and parenting, and record what remains outstanding. Clear drafting can reduce disputes, but an agreement does not itself grant a divorce or remove the court’s statutory powers concerning children and other reviewable terms.
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
We identify and exchange the financial information needed to understand the proposed terms, address missing records and explain the risks of signing without adequate disclosure.
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
We arrange signing and witnessing appropriate to the agreement and discuss independent advice for each party. The other party needs their own advice; one lawyer does not represent both sides of the negotiation.
Frequently Asked Questions
Are prenuptial agreements enforceable in BC?
Family agreements can be binding, but different rules apply to property, support and parenting. Disclosure, understanding, vulnerability and the circumstances of signing can affect enforceability. Independent legal advice is an important safeguard, not a guarantee that a court will uphold every term.
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?
Spouses may agree to amend their agreement. A court’s power to set aside or replace terms depends on the subject and applicable legal test. Property and spousal-support terms can be challenged for reasons beyond missing disclosure, including specified unfairness grounds. Parenting and child-support arrangements remain subject to child-focused legal requirements; a clause saying an agreement is final does not settle every question.