A marriage agreement — often called a prenup — is the most reliable way to protect a business, professional practice, or inheritance in a BC relationship. This guide explains what makes them enforceable, what they can and cannot do, and why timing matters.
Yes — marriage agreements are fully recognised and enforceable under BC's Family Law Act, provided they meet the statutory requirements: full financial disclosure, independent legal advice for each party, voluntary signing, and formal execution. Courts can set aside or vary an agreement that doesn't meet these standards or that would be significantly unfair to enforce.
Yes. A properly drafted marriage agreement can exclude a business — including all future growth — from family property division. Without one, the increase in your business's value during the relationship is family property subject to equal division by default.
Yes — and this is critical to enforceability. Each party must have had the opportunity to obtain independent legal advice from their own separately retained lawyer before signing. An agreement where only one lawyer was involved, or where no lawyers were involved, is at significant risk of being set aside.
Yes — a postnuptial agreement has the same legal standing as a prenuptial agreement in BC. The same requirements apply: full disclosure, independent legal advice, and voluntary signing. Courts may apply slightly greater scrutiny to postnuptial agreements because the bargaining positions of the parties have already changed since the relationship began.
Yes. A BC marriage agreement can address both property division and spousal support — including limiting, waiving, or setting a formula for support. However, any spousal support provisions that would cause significant unfairness at the time of enforcement (for example, a waiver that leaves one spouse in serious financial hardship) can be varied by a court.