Skip to content

Family Law

Prenuptial & Cohabitation Agreements

Prenuptial, marriage and cohabitation agreements that settle the big questions before any dispute exists.

A prenuptial agreement, which British Columbia law calls a marriage agreement, lets a couple decide while things are going well how property, debt and sometimes spousal support would be handled if the relationship ended. Couples who live together without marrying sign a cohabitation agreement, which does the same job. Despite the name, either can be signed at any point in a relationship, not only before a wedding.

They are most useful when one person is bringing significant assets into the relationship, owns a business, expects an inheritance, or has children from an earlier relationship whose interests they want to protect.

An agreement is only as strong as the process behind it. Each person should have independent legal advice, both should make full financial disclosure, and no one should be rushed into signing. When those steps are skipped, a court may set the agreement aside years later, at exactly the moment it was meant to help.

What we help with

  • Agreements before marriage or before moving in together
  • Agreements signed after marriage or cohabitation has begun
  • Reviewing an agreement prepared by your partner’s lawyer
  • Independent legal advice and certificates
  • Updating an older agreement after children, a move or a new business

How it usually works

  1. 01

    Talk through goals

    We discuss what you want the agreement to achieve and what the law would do if there were no agreement.

  2. 02

    Exchange disclosure

    Both partners share financial information so the agreement rests on an accurate picture.

  3. 03

    Negotiate, advise and sign

    Each partner reviews the draft with their own lawyer. Signing well ahead of a wedding date reduces later arguments about pressure.

Related services

Questions

Common questions about prenuptial & cohabitation agreements

Can one lawyer prepare the agreement for both of us?

No. Each of you needs your own lawyer. A lawyer cannot advise both parties to the same agreement, because your interests are different.

Can an agreement decide child support or parenting?

Not in a way that binds a court. Child support and parenting are decided on the child’s interests at the time of separation, so terms about them can always be reviewed.

Book a consultation

Tell us what has happened. We will tell you where you stand.

The first consultation is free, at our Surrey office. Evenings and Saturdays by appointment.

Call 604-712-4477
Call