October 16, 2025
A prenuptial agreement (also called a marriage agreement in BC) is a powerful tool – when done properly – for couples who want to start their marriage with clarity and protection. At Freedom Family Law, we help couples in British Columbia navigate this process with confidence, ensuring your rights and interests are respected.
What Is a Leading Prenuptial Agreement in BC?
A prenuptial (or marriage) agreement is a contract entered into before marriage that outlines how property, debts, and certain support obligations will be handled if the marriage ends by separation, divorce, or death. In BC, these agreements fall under the Family Law Act, which presumes an equal division of family property acquired during the marriage unless the parties agree otherwise.
Even couples in common-law or marriage-like relationships may use similar agreements (often called cohabitation agreements) to govern their property and financial relationships. Under BC law, couples who live together in a relationship for two or more years may have the same legal status as married spouses.
Why Consider a Prenuptial Agreement?
A thoughtfully drafted agreement can deliver many benefits:
Clarity and certainty about what happens on separation
Protection of premarital assets, inheritances, business interests, or family property
Avoidance of costly disputes and litigation
Planning for spousal support – whether defining terms or waiving entitlement (where allowed)
Respect for each party’s expectations and autonomy
While not everyone needs a complex agreement, having one in place can prevent uncertainty when emotions run high.
Key Elements of a Valid and Enforceable Agreement
For a prenuptial or marriage agreement in BC to be upheld by the courts, it should generally include the following:
Written and signed
The agreement must be in writing and signed by both parties, and typically witnessed. Verbal agreements are not sufficient.
Full and frank financial disclosure
Each party must disclose all relevant assets, debts, income, and obligations. Hidden or misleading disclosure can undermine enforceability.
Independent legal advice
Each person should receive advice from their own lawyer. This helps ensure both sides understand their rights, obligations, and consequences.
Voluntariness (no duress or coercion)
The agreement must be entered into freely, without pressure, manipulation, or timing that suggests unfair influence (for example, signing just hours before the wedding).
Reasonableness and fairness
Courts may refuse to enforce or may partially strike down agreements that are significantly unfair or unconscionable given changed circumstances.
Compliance with applicable law
The agreement must comply with the Family Law Act and, where relevant, the Divorce Act. It must not attempt to dictate outcomes for child support or custody, which are determined based on the best interests of the children and cannot be conclusively predetermined.
Clarity and specificity
The more precise the definitions, the fewer disputes later about interpretation.
Flexibility for change
Many couples include clauses allowing for amendment or review, especially when circumstances change (new children, major asset acquisitions, etc.).
In BC, there is also a newer legal recognition of companion animals in marriage agreements. Couples may make provisions regarding ownership or possession of pets. (This is a recent change under BC law regarding “companion animals.”)
What Agreements Can — and Cannot — Cover
What they can cover:
Which assets or debts are excluded from family property, such as inheritances or pre-marriage property
How increases in value of excluded property will be treated
Division of property and debts acquired during the marriage
Terms regarding spousal support (amount, duration, or waiver, where appropriate)
How jointly owned or business interests should be handled
Provisions related to estate planning or traceability of funds
What they cannot cover or guarantee:
Custody, parenting time, or decision-making for children
Child support or the fundamental obligation to support children
Terms that are illegal, immoral, or unconscionable
Conditions that attempt to control personal behaviour in a punitive way (e.g. “no support if one spouse cheats”)
Because children’s rights and support obligations are governed by statute and judicial discretion, any clause that tries to fix those in advance is unlikely to hold.
Common Pitfalls and How to Avoid Them
Waiting until the last moment — signing too close to the wedding can raise red flags about undue pressure
Incomplete disclosure — must be full, accurate, and documented
One-sided terms — overly lopsided agreements are vulnerable to challenge
No lawyer or shared drafting — each party having independent advice reduces risk
Vague, ambiguous language — unclear wording can lead to litigation later
Failure to revisit or update — life changes may render an agreement outdated
How the Divorce or Separation Process Changes with a Prenup
When a valid agreement is in place, many key issues are already resolved. This means:
Less time in court fighting over property
Clear expectations for both parties
Reduced legal expense and emotional strain
Ability to enforce pre-agreed terms — though the court retains discretion if fairness or legal defects are in question
However, even with an agreement, a court may set aside some or all of it if it was improperly executed, unconscionable, or lacked essential disclosures.
Working with Freedom Family Law
At Freedom Family Law, our prenup / marriage agreement service involves:
A detailed initial consultation to understand your financial and family circumstances
Assistance with full financial disclosure and documentation
Drafting a customized agreement that reflects your goals and protects your interests
Ensuring both of you receive independent legal advice
Advice on how to structure terms to maximise enforceability
Guidance for future amendments or reviews as your life evolves
We aim to make the process transparent, collaborative, and grounded in practical, legally sound principles so you can enter marriage with peace of mind.
