Thinking about a Prenuptial Agreement (or “prenup”) before getting married in British Columbia? You’re not alone. You go through the stages, you discuss it with your partner, and you begin the process. But then you ask yourself:
Is a prenup actually binding?
The short answer: Yes… a properly drafted prenuptial agreement is legally binding in BC.
At Freedom Family Law, we guide couples to create strong, enforceable prenups built to hold up in court. In this post, we explain what makes a prenup binding in BC and show you how to get it right.
When Is a Prenup Legally Binding?
BC law treats prenuptial agreements as valid and enforceable as long as both parties take fair and reasonable steps when creating them.
BC courts now treat prenups much more seriously than they once did. Since the transition from the Family Relations Act to the Family Law Act, the legal standard has shifted from a general idea of “fairness” to a much stricter test: “significant unfairness.”
Because of this change, courts uphold most properly made prenups. The system actively supports enforceability—not just to honour informed agreements between partners, but also to ease the pressure on already overloaded courts. When couples follow the right legal steps, their agreements are far more likely to stand up in court.
Follow These Steps to Ensure Your Prenup is Binding:
- Full and Honest Financial Disclosure
Each person must fully disclose their finances before signing the agreement. That includes income, savings, debts, property, and other assets.
Why it matters: If one person hides significant assets or debts, a court could later set aside the agreement. - Independent Legal Advice (ILA)
Each partner should have their own lawyer to explain the agreement and make sure they fully understand it.
Why it matters: Courts look at whether both people freely and knowingly agreed to the terms. Independent legal advice helps prove this. - Procedural Fairness
The process of making the agreement should be fair.
Why it matters: If someone felt forced or rushed, the agreement could be challenged later.
That means:- No threats or inducements
- No pressure/duress
- Disclosure
- Honesty
- No family violence
- They understand the agreement
- They actually want to be bound by the agreement
- Fair and Reasonable Terms
The agreement should not be unconscionable, which means extremely one-sided or unfair.
Why it matters: Courts may not enforce terms that leave one person in a drastically worse position, especially if you were married for a long time or have children.
Can a Court Overturn My Prenup?
Usually Prenuptial Agreements will hold up in court. However, a judge can overturn your agreement if:
- One person wasn’t honest about their finances
If one spouse hides significant debt, the court may find it unfair to hold the other spouse financially responsible. - There was no independent legal advice
While this is not a determining factor of its own, it is a major factor in judging whether a spouse understood both the purpose and the consequences of signing the agreement. - Significantly unfair in operation
This happens when a major, unforeseen change in circumstances causes the outcome to become extremely one-sided, often not anticipated in the original agreement. We carefully plan for future scenarios to help avoid this outcome.
That’s why it’s so important to work with an experienced family lawyer and follow best practices from the start.
Get It Right with Freedom Family Law
At Freedom Family Law, we specialize in helping couples across BC create strong, enforceable prenuptial agreements. Our remote legal team ensures:
- You get clear advice and guidance
- The process is fair, thorough, and efficient
- Your agreement holds up in court if it’s ever challenged
📅 Book your consultation or check out our prenup pricing to learn more.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Family law is complex and individual situations vary. You should consult with a qualified family lawyer in British Columbia to discuss your specific circumstances.