When you move in with your partner or get married, you might feel like a written agreement is unnecessary. Many couples believe that trust, love, and good intentions will be enough to carry them through. But in British Columbia, the law steps in with default rules when a couple doesn’t have a prenuptial agreement (prenup) or a cohabitation agreement. Those rules may not reflect your personal wishes… and they can have serious financial consequences if the relationship ends.
At Freedom Family Law, we see clients every day who wish they had taken the time to prepare an agreement before moving in together or getting married. Here’s what happens when you don’t.
Property Division Without a Prenup or Cohab Agreement
Under the Family Law Act of British Columbia, the law divides property into two categories: family property and excluded property.
- Family property includes real estate, vehicles, investments, pensions, RRSPs, bank accounts, businesses, and even debt acquired during the relationship. By default, these assets get divided equally (50/50) between both partners.
- Excluded property includes assets one partner owned before the relationship, as well as gifts or inheritances received during the relationship. However, any increase in value of that excluded property is considered family property and gets split equally.
This can be a shock. Imagine you owned a home before the relationship worth $400,000. If it grows to $650,000 in value while you’re with your partner, the $250,000 increase is considered family property. Without a prenup or cohab agreement, your partner may be entitled to half of that increase, even if you paid the mortgage and maintenance entirely on your own.
Debt Division Without an Agreement
Debts are divided much like assets. If your partner racks up credit card debt or student loans while you’re together, you could become responsible for half of it when you separate. Many people don’t realize this until it’s too late. A cohabitation agreement or prenuptial agreement in BC can make it clear who takes on which debts, protecting you from surprises down the road.
Spousal Support Without an Agreement
If one partner sacrifices career opportunities or income potential to support the family or household, spousal support may apply. Without a prenup or cohab agreement, the court uses standard legal tests to decide whether one partner must pay support to the other. These payments can last for years and significantly affect your financial security.
An agreement allows you and your partner to make clear decisions about whether support will apply, under what conditions, and for how long.
Everyone Already Has a Prenup
Many people don’t realize that everyone already has a prenup when they get married. You either accept the default rules the government has set out, or you create your own. When you look at it that way, a prenuptial agreement isn’t about planning for failure. It’s about tailoring the province’s standard rules to fit your life. By drafting a prenup or cohabitation agreement, you take control of the framework built into BC law and adapt it to reflect your circumstances, your values, and your goals.
Children Are Not Covered by Agreements
It’s important to remember: prenups and cohabitation agreements cannot decide parenting time or child support. Those issues always remain under the authority of the court and must focus on the best interests of the child. However, these agreements can make a major difference in protecting your property and your financial stability as parents.
Why a Prenup or Cohab Agreement Matters in BC
Creating a prenuptial agreement or cohabitation agreement doesn’t mean you expect your relationship to fail. Instead, it means you want clarity, security, and fairness if the unexpected happens. These agreements:
- Put you and your partner in control, rather than leaving decisions to the Family Law Act
- Protect property you’ve worked hard to build, like a home, business, or investments
- Clarify how debts will be handled, so you’re not left with obligations you didn’t agree to
- Reduce conflict, stress, and costly legal battles if the relationship ends
When couples don’t have agreements in place, they often face lengthy disputes, expensive court processes, and outcomes that neither side wanted. A prenup or cohab agreement saves time, money, and emotional strain.
Final Thoughts
Not having a prenup or cohabitation agreement in British Columbia means you are relying on the default rules of the Family Law Act. Those rules might not reflect your intentions or protect your future. By taking the time to create an agreement, you protect what matters most: your financial security, your peace of mind, and your ability to move forward with confidence.
At Freedom Family Law, we specialize in drafting clear, fair, and enforceable prenuptial agreements and cohabitation agreements for couples across BC. Whether you’re moving in together, getting married, or already living with your partner, now is the best time to put a plan in place.
📅 Book a free 15-minute call and take the next step toward protecting your future.
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.