When people hear the term prenuptial agreement, they often picture something cold, unromantic, or only for the ultra-wealthy. In reality, prenuptial agreements (and cohabitation agreements) are practical, fair tools that protect both partners in a relationship. At Freedom Family Law, we help clients across British Columbia create agreements that bring clarity and peace of mind– not stress.
Let’s debunk some of the most common myths about prenups.
Myth #1: Prenups Are Only for the Rich
Truth: Prenups aren’t just for millionaires with mansions and yachts. They’re for anyone who wants clarity about finances, property, and debt. If you own a home, have savings, or even expect an inheritance one day, a prenup in BC helps protect your interests. Even young couples with modest assets benefit, because life circumstances can change; careers grow, investments accumulate, and property values rise.
Myth #2: Asking for a Prenup Means You Don’t Trust Your Partner
Truth: A prenup isn’t a sign of distrust. It’s a sign of responsibility. Think of it as financial planning, just like life insurance or a will. You don’t buy life insurance because you want something bad to happen– you buy it to protect the people you love in case it does. A prenuptial agreement works the same way: it helps you and your partner plan for the future and reduce conflict if things don’t go as expected.
Myth #3: Prenuptial Agreements Are Always One-Sided
Truth: A valid prenuptial agreement in British Columbia must be fair to both partners. If one person pressures the other, or if the terms are extremely unbalanced, the court can set the agreement aside. A good prenuptial agreement lawyer ensures that both parties fully understand the document and that it protects the interests of each person, not just one.
Myth #4: Prenups Only Protect Property
Truth: Prenups cover more than just property division. They can clarify how to handle debts, outline rules for spousal support, and help prevent disputes down the road. For example, if one partner brings significant student debt into the marriage, the agreement can make it clear that the other partner won’t be responsible for paying it off.
Myth #5: Prenuptial Agreements Are an Exit Strategy
Truth: This is one of the biggest misconceptions. A prenup isn’t about planning for divorce, it’s about customizing the rules. Remember: everyone already has a prenup by default. The province has written one for you through the Family Law Act. By creating your own, you and your partner simply tailor those rules to your personal values and goals. That way, you remain in control rather than leaving your financial future entirely in the government’s hands.
Myth #6: You Don’t Need a Prenup If You’re Just Living Together
Truth: In BC, couples who live together for two years or more are treated the same as married couples under the Family Law Act. That means your property and debt can be divided equally if you separate. A cohabitation agreement in British Columbia works like a prenup for unmarried couples, giving you the same protection and clarity.
Final Thoughts
Prenuptial agreements aren’t about wealth, distrust, or pessimism. They’re about fairness, clarity, and peace of mind. They protect both partners and reduce the risk of conflict, stress, and expensive legal battles down the road.
At Freedom Family Law, we specialize in creating strong, fair prenuptial and cohabitation agreements that stand up in court and protect your future.
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Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every situation is unique. Please speak with a qualified family lawyer in BC to get advice tailored to your circumstances.