It’s a classic story: you get engaged, you get married… and then you remember: oh right, you’ve got a business, a condo, maybe a few investments, and no prenup in sight. Cue the panic.

Don’t fret! In comes the Marriage Agreement (also known as a postnuptial agreement) to save the day!

What Exactly is a Marriage Agreement?

A Marriage Agreement is basically a prenup’s cool, fashionably late cousin. It’s a legal contract that you and your spouse sign after you’ve tied the knot. Just like a prenup, it lays out how you’ll handle things like property, assets, debts, and finances if the relationship ends down the road.

There are two different agreements you will often hear floating around. These are:

• Prenuptial Agreement (Prenup): This one’s signed before you get married. It’s a way to talk through–and legally agree on–how you’d want to handle money, property, or support if the relationship ever ends.
• Marriage Agreement (Postnuptial Agreement): This one’s signed after you’re already married. Maybe things have changed… you’ve bought a house, started a business, received an inheritance, or just didn’t think about doing this before tying the knot. A Marriage Agreement lets you sort all that out now, with clarity and care.

Why Would You Want a Marriage Agreement?

Because life happens. Maybe you got married in a whirlwind and didn’t think about legal stuff. Maybe your financial situation has changed. You got an inheritance, or a new business, or you’re buying property… And now you want to make sure things are clear and fair.

Think of it like insurance: you hope you never need it, but you’re glad it’s there if you do.

A Well-Drafted Marriage Agreement can:

• Bring Clarity: You both get on the same page about how your finances will be handled if you ever separate. It cuts down on confusion, arguments, and stress later on.
• Protect What You Brought In: Do you own something valuable before the marriage, like a home, savings, or investments? You can make sure it stays yours, even if things don’t work out.
• Keep Inheritances and Gifts Safe: If you’ve received an inheritance or a big gift during the marriage, a Marriage Agreement can help ensure it stays with you.
• Cover Business Interests: If you or your spouse own a business, the agreement can spell out exactly what happens to it in a separation so it doesn’t get caught in the crossfire.
• Support Blended Families: Been married before or have children from a previous relationship? This is a great way to protect the assets you want to pass on to them.
• Sort Out Spousal Support Ahead of Time: You can agree on whether support will be paid, how much, and for how long… or decide to waive it altogether (as long as it’s fair and reasonable).
• Save Time, Money, and Headaches: If the relationship ends, a clear agreement can make things way smoother. Less arguing, fewer legal fees, and a faster path forward.
• Encourage Honest Conversations: Creating a Marriage Agreement means having real talks about money, goals, and expectations. It’s not always easy, but it can bring you closer and help build trust.

What Typically Goes into a Marriage Agreement?

Every couple is different, and your agreement should reflect that. Here are some of the things you might include:

• Property Division: You can decide together how you’d want to divide property if you separate. Whether it’s the home you bought together, or something one of you brought into the marriage. BC law usually splits “family property” 50/50, but you can create your own rules if you both agree.
• Handling Debt: Who’s responsible for what? Whether it’s student loans, credit card debt, or a mortgage, you can outline how debts (old or new) will be handled so there are no surprises down the road.
• Spousal Support: You can agree in advance whether one of you would pay support to the other if you separate, and if so, how much and for how long. Or you can agree to waive it altogether (as long as it’s fair).
• Business Interests & Pensions: If either of you owns a business or has a pension, the agreement can spell out how those more complicated assets will be treated. It’s about protecting what you’ve built and reducing stress later on.
• Other Financial Details: You can include anything else that matters to you. From how you’ll manage savings, to what happens with investments, to keeping a family cottage in the family. This is your agreement, make it fit your life.
• Estate Planning: Some couples also use their Marriage Agreement to plan for their estates, like choosing to waive claims on each other’s estate so your will can leave certain assets to children or loved ones from a previous relationship.

What About the Kids?

If you have children (or are planning to) it’s important to know that a Marriage Agreement can’t lock in decisions about parenting or child support ahead of time.

This means you can’t use the agreement to finalize:

• Who the kids will live with
• How parenting time will be shared
• How much child support will be paid

Why? Because in BC, the court decides parenting and child support matters based on what’s best for the child at the time of separation, not what you agreed to years earlier. Even if you include those terms in your agreement, the court probably won’t enforce them if they don’t align with your child’s best interests in the moment.

That said, go ahead and talk about your hopes and values when it comes to parenting. Those conversations matter. Just keep in mind that the law puts your child’s needs first and leaves those decisions open for the future, when they’re most relevant.

How Does Getting a Marriage Agreement Work? Key Steps for Validity:

1. Be Honest About Your Finances: Both of you need to lay everything out on the table including income, property, savings, debts, the works… If someone hides money or leaves something out, the agreement could be challenged and possibly thrown out.
2. Get Your Own Legal Advice: While it’s not legally required, it’s strongly recommended that each of you talk to your own lawyer before signing. This helps make sure you fully understand your rights and what you’re agreeing to, and that you’re not being pressured into anything.
3. No Pressure, No Ultimatums: You both have to sign the agreement willingly. If there’s any sign of coercion, threats, or emotional pressure, that could be grounds to cancel it later.
4. Know What You’re Agreeing To: You both need to actually understand what’s in the agreement. This means no confusing fine print that catches someone off guard down the line.
5. It Needs to Be Fair (or at least not wildly unfair): You can agree to things outside of the standard rules in the Family Law Act, but if the agreement is significantly unfair to one person, a court could step in and change or cancel parts of it. This often comes up with things like property division or waiving spousal support.

It’s Not “Unromantic” – It’s Responsible Planning

We get it. Talking about a Prenup or Marriage Agreement might not feel like the most romantic thing in the world. It can even feel a bit awkward, like you’re planning for things to go wrong. But here’s the truth: it’s not about expecting the worst. It’s about making sure you and your partner are on the same page financially, emotionally, and practically.

Having these conversations early on (or even years into your marriage) shows that you care about your future together. You’re not avoiding the tough stuff, you’re facing it as a team. And that kind of honesty? It can actually bring you closer.

So no, it’s not unromantic. It’s thoughtful. It’s responsible. And it can be one of the healthiest steps you take for your relationship.

Imagine that you and your spouse are building your dream home together. You’d discuss blueprints, choose materials, and plan for every contingency, not because you expect it to fall, but because you cherish it and want it to stand strong. A Marriage Agreement is like the blueprint for your financial life together!

How We Can Help

At Freedom Family Law, we’re all about making the legal stuff less overwhelming. We work remotely with clients across BC, which means no stuffy boardrooms or driving across town. We offer flat-fee strategy sessions, quick turnaround times, and a process that’s clear, respectful, and low-stress.

Let’s Make It Official (Again):

Just because you missed the prenup window doesn’t mean you missed your chance!

If you’re considering a Marriage Agreement in BC, the best first step is for each of you to consult with one of our lawyers. They can explain your rights and obligations and help you craft an agreement that is fair, enforceable, and tailored to your unique circumstances.

📅 Book your consultation or check out our Marriage Agreement 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.