Getting married is one of life’s biggest commitments, and for many couples, a cohabitation or prenuptial agreement (often called a “prenup”) is a vital part of that preparation. It provides clarity and security by detailing how property, assets, and debts would be handled under British Columbia’s Family Law Act in the event of a separation.
However, life is constantly changing. You might acquire new assets, start a business, or inherit wealth. This often leads to a pressing question: Can you change a prenup after marriage?
The short answer, particularly here in BC, Canada, is: Yes, you absolutely can. The legal document you create to modify or replace your existing agreement is generally called a Post-Nuptial Agreement or, more accurately under BC law, a new Separation Agreement or Waiver of Claim that supersedes the original marriage agreement. This guide will walk you through what this process entails, why you might need it, and the strict requirements for making it legally enforceable in our province.
Why Would a Couple Need to Change a Marriage Agreement?
While your original agreement was designed to be comprehensive, circumstances evolve in ways you simply couldn’t predict. Here are the most common reasons couples seek to amend or change their prenuptial agreement after they have already tied the knot:
Financial and Property Shifts
A significant shift in either spouse’s financial position is a primary driver for needing a new agreement.
- Sudden Wealth: One spouse receives a large inheritance or sells a successful business they started after the wedding. The original agreement may not account for the fair division or protection of this new asset under the Family Law Act.
- New Debts: One spouse takes on significant debt, and the other spouse wants to ensure their separate property is protected from that liability.
- Property Acquisition: The couple purchases a major asset, like a vacation home, and needs to clearly designate its classification (family property vs. excluded property).
Changes in Family Structure
While agreements cannot govern child support or child custody (which courts always decide based on the child’s best interests), adding children or major life changes often warrant a review of the original financial terms.
- Children: A couple may want to update the agreement to ensure sufficient assets are available for the care and education of their children, especially concerning trust funds or college savings plans.
- Career Changes: One spouse leaves a high-paying job to become a stay-at-home parent, creating an imbalance in financial dependency that the original agreement needs to address, particularly concerning spousal support.
How to Legally Change a Prenup in BC (Creating a Post-Nuptial Agreement)
Under the Family Law Act, a married couple in BC is in a fiduciary relationship, meaning they owe each other the utmost good faith and fair dealing. This requires meticulous adherence to legal standards, making the process of changing an existing agreement highly scrutinized.
Key Requirements for a Valid BC Agreement
For your new agreement to be legally binding and hold up in a BC court, the following strict conditions must be met (these are the same standards courts apply when reviewing the fairness of an original agreement):
- Voluntariness: Both parties must sign the document freely and voluntarily, without any coercion, duress, or undue influence from the other party.
- Full Financial Disclosure: This is the most critical component. Both spouses must provide a complete, current, and accurate picture of all their assets, debts, and income. Failure to fully disclose all financial information is one of the easiest ways for a BC court to set aside (invalidate) a new agreement.
- Independent Legal Advice (ILA): Both spouses must have separate lawyers review the agreement and advise them individually. Waiving the right to counsel often invalidates the document, as it weakens the argument that both parties fully understood the terms and their legal rights.
- Fairness (Unconscionability): The agreement must not be grossly unfair or oppressive to one party. While agreements can deviate from the Family Law Act’s default rules, the terms must be reasonably understood and agreed upon by both sides after full disclosure.
Note: Because you are already married and in a fiduciary relationship, BC courts scrutinize the agreement more heavily for evidence of undue influence. It is essential to ensure the new terms are not overly one-sided.
Common Issues and Next Steps
The process of amending an existing agreement requires careful planning and negotiation. It is essential to approach this as a collaboration to protect the financial future of both spouses and the marriage.
What to Do If Your Spouse Refuses to Agree
If one spouse refuses to agree to change the original prenuptial agreement, the only remedy is to rely on the terms of the original document. You cannot unilaterally force the other spouse to negotiate or sign a new agreement. The original contract remains fully in effect until it is formally replaced or amended.
The Importance of Legal Expertise in BC
Never try to draft a post-nuptial agreement yourself. Due to the high risk of a postnup being invalidated (especially around the disclosure and ILA requirements), you must consult with an experienced family law attorney licensed to practice in British Columbia.
Summary
In conclusion, the answer to “Can you change a prenup after marriage?” is an unequivocal yes in BC, by creating a new agreement (often a Post-Nuptial Agreement). This allows couples to adapt their original financial framework to new realities, whether that’s a new business venture, an inheritance, or the birth of children.
To ensure your new agreement is legally enforceable, you must prioritize full financial disclosure and the guidance of separate legal counsel for both spouses. This critical step ensures the agreement serves its purpose: providing clear, legally sound financial protection for your marriage and your future.
Frequently Asked Questions
1. Can you change a prenuptial agreement after marriage?
Yes, but only with mutual consent. This is typically done through a postnuptial agreement.
2. What is a postnuptial agreement?
A postnuptial agreement is a legally binding contract created after marriage to define asset and financial arrangements.
3. Do both spouses have to agree to modify a prenup?
Yes. Both partners must agree; one spouse cannot change it alone.
4. What formalities are required to change a prenup after marriage?
Changes must be written, signed, and often notarized or witnessed.
5. Can a prenup be completely revoked after marriage?
Yes. A written revocation signed by both spouses can cancel the prenup.
6. Are there limits to modifying clauses like alimony?
Yes. Alimony modifications may be reviewed by a court for fairness.
7. What happens if one spouse does not agree to the changes?
The original prenup remains in effect with no modifications.
8. Do spouses need to disclose all assets again when modifying a prenup?
Yes. Full financial disclosure is required for fairness.
9. Can a court refuse to enforce the modified agreement?
Yes, if it’s unfair, signed under duress, or lacks proper disclosure.
10. Is there a time limit for modifying a prenup after marriage?
No. Changes can be made at any time during the marriage.
Contact Freedom Family Law Today
Protecting your relationship and financial future starts with the right legal guidance. To discuss your rights and draft a legally sound agreement, contact Freedom Family Law today. Call (833) 338-2598 or book a free consultation with an experienced prenuptial agreement lawyer who will guide you through every step.
Success Stories
⭐⭐⭐⭐⭐ Mathais Sarrazin was excellent to work with. He delivered exactly what he promised on time and kept me updated every step of the way. His follow-ups and prompt replies meant I never had to wonder what was happening. He is hardworking, patient, and very knowledgeable, always looking at the situation from a holistic perspective to give the best support. With his professionalism and great manner, I felt fully supported throughout the process. Highly recommended!
⭐⭐⭐⭐⭐ I had the pleasure of working with Mathais as my family lawyer, and I couldn’t have asked for a better experience. He was absolutely amazing; clear, timely, and incredibly informative throughout the entire process. Mathais took the time to explain everything in a way that made sense, always making sure I felt confident and well-informed before moving forward. I truly appreciate his support and would highly recommend him to anyone looking for a trustworthy and knowledgeable family lawyer.
⭐⭐⭐⭐⭐ I had a great experience working with Mathais and his firm! Mathais was incredibly helpful, clear, and informative throughout the entire process. I felt well-supported and confident in every step thanks to his guidance. I highly recommend Freedom Family Law’s services to anyone in need of legal assistance!
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About the Author – Mathais Sarrazin
Mathais Sarrazin is the founder and principal lawyer at Freedom Family Law in British Columbia. A graduate of UVic Law (2012) and a proud member of the BC Bar since 2013, Mathais brings over a decade of experience helping couples and families protect what matters most.
Before founding Freedom Family Law, Mathais gained extensive courtroom experience in both criminal defense and family law, running Supreme Court trials within months of being called to the bar. That early exposure taught him one crucial lesson — many family disputes are preventable with the right planning and communication.
Today, Mathais focuses on helping BC couples create strong, transparent agreements that protect their rights, assets, and relationships. His approach is personal, responsive, and client-focused — he takes the time to understand each couple’s unique situation and offers flat-rate, transparent pricing to eliminate surprises.
When he’s not helping clients, Mathais enjoys spending time with his family and living the balanced lifestyle he encourages his clients to achieve.