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Prenuptial Agreement Sample | Free BC Template

Ever wonder what a real BC Prenuptial Agreement looks like? This Free sample Prenuptial Agreement is created based up on Freedom Family Law’s actual working precedent. As you will see, it’s pretty complicated. Unfortunately, we had to leave out some of the more complicated details that just wouldn’t fit. Creating a real prenuptial agreement is a lot more work than just filling out a template. We need to make sure that the document meets your unique needs, and fits you and your partner’s shared vision for the future.

The document below is just an sample of a prenuptial agreement sample, provided for informational purposes only. That means your should not rely upon it. Even for lawyer drafted agreements, we highly recommend getting independent legal advice on your agreement. If you were to try to draft your own agreement, it would be even more important that you seek out the right legal advice. If you would like to speak to us about getting that advice, or having our professional team prepare a custom Prenuptial Agreement for you, you can reach us HERE and to learn more about prenups check out our BC Prenuptial Agreement page.

THIS AGREEMENT dated for reference the _____ day of ___________, _______.

BETWEEN:

PARTY 1 FULL NAME

(“Party 1”)

AND:

PARTY 2 FULL NAME

(“Party 2”)
(the “parties”)

PRENUPTIAL AGREEMENT

WHEREAS:

  1. Party 1 and Party 2 began living in a marriage-like relationship on [DATE].
  2. Party 1 and Party 2 plan to get married in the future.
  3. If the parties are or become “spouses” for the purpose of Parts 5 and 6 of the Family Law Act, then this is a written agreement within the meaning of s. 93(1) of the Family Law Act.
  4. If the parties are or become “spouses” for the purpose of Part 7 of the Family Law Act, then this is a written agreement within the meaning of s. 164(1) of the Family Law Act.
  5. Party 1 was born [Birthdate], and has never been married.
  6. Party 2 was born [Birthdate] and has never been married.
  7. The parties have no children of their relationship; however, this Agreement is made in anticipation that they will have children. Both parties intend for this agreement to continue to bind them in the case that they have children in the future. 
  8. This Agreement is made following negotiation between the parties. Both parties have received legal advice on the Agreement, and both are fully informed of their legal rights and obligations.
  9. Party 1 is a [OCCUPATION], whose gross annual income is [INCOME] (“Party 1’s Guidelines Income”) in accordance with the requirements of ss. 15 to 20 and Schedule III of the Federal Child Support Guidelines, for the purpose of determining the Table Amount under the Federal Child Support Guidelines and spousal support under the Spousal Support Advisory Guidelines.
  10. Party 1 is financially independent and self-sufficient.
  11. Party 2 is a [OCCUPATION], whose gross annual income is [INCOME] (“Party 2’s Guidelines Income”) in accordance with the requirements of ss. 15 to 20 and Schedule III of the Federal Child Support Guidelines, for the purpose of determining the Table Amount under the Federal Child Support Guidelines and spousal support under the Spousal Support Advisory Guidelines. 
  12. Party 2 is financially independent and self-sufficient.
  13. Each party has disclosed to the other all of the income information required by the Federal Child Support Guidelines as adopted by the Spousal Support Advisory Guidelines.
  14. With regard to the parties’ property:
    1. All of the parties’ significant assets and liabilities are set out in Schedule “A” and Schedule “B” attached to this agreement.
    2. The parties have no other significant assets or liabilities.
    3. For convenience, specific assets or liabilities in this Agreement are referred to by the labels used in Schedule “A” and Schedule “B”.
    4. Unless otherwise noted, the values listed in Schedule “A” and Schedule “B” are the parties’ good faith estimates of the current fair market values of the assets or based upon independent appraisals.
    5. The distribution of property set out in Schedule “A” and Schedule “B” is reflective of arrangements agreed to by the parties and set out in this Agreement.
  15. Party 1 has the property and liabilities set out in Schedule “A” attached to this Agreement. 
  16. Party 1 has listed all of his property and liabilities in Schedule “A”.
  17. Party 2 is aware of the prudence of obtaining independent valuations to determine the current and potential value of Party 1’s assets and liabilities set out in Schedule “A” and has declined to pursue such valuations.
  18. Party 2 expressly agrees that under no circumstances would she seek to challenge or vary this Agreement based on the values provided in Schedule “A” being higher or lower than the fair market value of the assets in Schedule “A”. 
  19. Party 2 has the property and liabilities set out in Schedule “B” attached to this Agreement. 
  20. Party 2 has listed all of her property and liabilities in Schedule “B”.
  21.  Party 1 is aware of the prudence of obtaining independent valuations to determine the current and potential value of Party 2’s assets and liabilities set out in Schedule “B” and has declined to pursue such valuations.
  22. Party 1 expressly agrees that under no circumstances would he seek to challenge or vary this Agreement based on the values provided in Schedule “B” being higher or lower than the fair market value of the assets in Schedule “B”. 
  23. Party 1 and Party 2 do not have any joint assets or liabilities at the time this Agreement is made. 
  24. The parties have considered:
    1. the actual and anticipated needs of each other
    2. the actual and anticipated ability of each of them to contribute to the support of the other
    3. the applicability of the Spousal Support Advisory Guidelines
    4. each party’s assets and liabilities
    5. each party’s income
  25. The parties are entering into this Agreement to:
    1. Determine ownership, management, and division of all property either or both of them own or may acquire and responsibility for all financial obligations they possess or may incur;
      1. during the time they live together; 
      2. if their relationship ends; and 
      3. if one of them predeceases the other while they are still living together; 
    2. Permit each of the parties to leave their respective estates to their respective designated beneficiaries;  
    3. Determine spousal support obligations in the unlikely event their relationship ends; and 
    4. Avoid acrimony and litigation in the unlikely event their relationship ends.  
  26. The parties are aware that the law provides for judicial intervention in some circumstances if this Agreement is found to be significantly unfair now or in the future. 
  27. The parties wish to confirm that:
    1. Each of them relies on this Agreement to be enforced according to its terms; 
    2. Each of them has considered, understood and received legal advice on the provisions of the Family Law Act, the Divorce Act (Canada), the Wills, Estates and Succession Act, and the law of unjust enrichment and trusts; 
    3. Neither of them would have entered into this Agreement had it been anticipated that the other would ever apply to vary the Agreement;  
    4. Neither of them anticipates challenging the terms of this Agreement or seeking to vary the terms of this Agreement; 
    5. Either of them may choose not to pursue economic opportunities because of their relationship but each party recognizes that certain sacrifices will be made within, and because of, the relationship and the consequences of those choices will not be used to avoid the terms of this Agreement. 
  28. The parties acknowledge that each of them is prepared to abide by the terms of this Agreement because each recognizes that:
    1. The importance to each of them of being able to rely on the Agreement far outweighs the risk that it may operate unfairly at some future date; and 
    2. The impossibility of returning the parties to the positions they occupied before they entered this Agreement would make any variation, however fair viewed solely in the changed circumstances, unfair on the whole because all dealings with their property during the course of their relationship will have been based on the binding nature of this Agreement. 
  29. In negotiating this Agreement, the parties have considered whether it should continue to apply if there is any change of circumstance affecting a party’s health, financial independence, or future prospects, including, without limiting the generality of the foregoing, the following issues or categories of issues:
    1. A party ceasing to be financially self-supporting;  
    2. A party suffering continuing ill health or a short-term or long-term disability;  
    3. A party subordinating economic prospects to the economic prospects of the other; 
    4. A party providing care, assistance, or financial support to the other party; 
    5. A relative of a party living with the parties, or otherwise requiring care, assistance, or financial support; 
    6. Changes in the value of a party’s assets as a result of changes in the economy; and 
    7. A party receiving an inheritance or using (or declining to use) an inheritance for the benefit of the other party.  

Party 1 and Party 2 agree as follows:

General

  1. The Recitals form part of this Agreement.
  2. Party 1 represents and warrants that the statements of fact and the representations set out in the Recitals, so far as Party 1’s position, are true and accurate, and acknowledges that Party 2 is relying on them.
  3. Party 1 warrants that the statements of fact contained in Schedule “A” are true and acknowledges that Party 2 is relying on them.
  4. Party 2 represents and warrants that the statements of fact and the representations set out in the Recitals, so far as Party 2 ‘s position, are true and accurate, and acknowledges that Party 1 is relying on them.
  5. Party 2 warrants that the statements of fact contained in Schedule “B” are true and acknowledges that Party 1 is relying on them.
  6. This Agreement takes effect when the last party signs it.
  7. This Agreement will remain in effect whether the parties marry or not.

Spousal Support

  1. Notwithstanding any change of circumstances no matter how unforeseen or radical:
    1. neither party will claim interim or permanent support from the other; and
    2. each party gives up forever any claim for support against the other.
  2. With regard to Spousal Support:
    1. This is a final agreement about Spousal Support.
    2. Neither party may apply for a variation of Spousal Support regardless of any change in the circumstances of the parties, whether foreseen or unforeseen, radical, catastrophic, causally connected to the relationship, or otherwise, including change resulting from increasing age or declining health.
    3. Both parties are aware of the possibility of fluctuation in their respective incomes and assets, are cognizant of the possible increase or decreases in the cost of living and are cognizant that their respective financial circumstances may change in the future by reason of their health, cost of living, job market, and/or otherwise. They are aware that radical, material, profound or catastrophic changes may affect either of them. Each party is prepared to accept this Agreement as a full and final settlement and to waive all further claims against the other with respect to spousal support.
    4. The parties specifically confirm and agree that any causal connection between the present or future economic need of either party and their relationship has been addressed and compensated fully by the terms of this Agreement. No change in the circumstances of the parties, whether they relate to either party’s health, employment, self-employment, marital status, living arrangements, windfalls, or any other circumstances whatsoever, no matter how radical, catastrophic, unexpected, causally connected to the relationship or otherwise, will give either party the right to claim or obtain interim or permanent support from the other pursuant to the Family Law Act, the Divorce Act (Canada) or any other statute or law. 

Canada Pension Plan

  1. With regard to the parties’ Canada Pension Plans:
    1. In the unlikely case that the parties separate, the parties’ unadjusted pensionable earnings under the Canada Pension Plan will not be divided under ss. 55, 55.1, and 55.2 of the Canada Pension Plan.
    2. Neither party will apply for division of the parties’ unadjusted pensionable earnings.

Separate Property

  1. Except as expressly provided for in this Agreement, Party 1’s Separate Property is:
    1. All property acquired by Party 1 before the date of this Agreement, as set out in Schedule “A”; 
    2. All property acquired by Party 1 during or after the parties’ relationship including, but not limited to, trust interests and any business, or venture developed and/or operated by Party 1 during or after the relationship; and 
    3. All inheritances, windfalls, gifts, or damages for personal injury received by Party 1 before, during or after the parties’ relationship. 
    4. For greater certainty Party 1’s Separate Property includes any chose in action, or any inchoate right, that Party 1 possesses before the relationship commences, even if it is not enforceable, enforced or received until after that date. 
    5. Party 1’s Separate Property includes:
      1. Any intellectual property Party 1 may produce during or after the parties’ relationship; 
      2. Any income produced by Party 1’s Separate Property including, but not limited to bonuses and/or dividends; 
      3. Any increase in value of Party 1’s Separate Property even though the parties understand, in the absence of this provision, an increase in value would be shareable between the parties under the Family Law Act; 
      4. Without limiting sub-clause (a) or (b), any increase in Party 1’s equity in Party 1’s Separate Property arising from payments of principal on a mortgage or other financial obligation registered against the Separate Property; and 
      5. Any property acquired in exchange for Party 1’s Separate Property or with:
        1. The proceeds from sale of the Separate Property or its substitute; or 
        2. The income produced by the Separate Property. 

(“Party 1’s Separate Property”)

  1. Except as expressly provided for in this Agreement, Party 2’s Separate property is:
    1. All property acquired by Party 2 before the date of this Agreement, as set out in Schedule “B”; 
    2. All property acquired by Party 2 during or after the parties’ relationship including, but not limited to, trust interests and any business, or venture developed and/or operated by Party 2 during or after the relationship; and 
    3. All inheritances, windfalls, gifts, or damages for personal injury received by Party 2 before, during or after the parties’ relationship. 
    4. For greater certainty Party 2’s Separate Property includes any chose in action, or any inchoate right, that Party 2 possesses before the relationship commences, even if it is not enforceable, enforced or received until after that date. 
    5. Party 2’s Separate Property includes:
      1. Any intellectual property Party 2 may produce during or after the parties’ relationship; 
      2. Any income produced by Party 2’s Separate Property including, but not limited to bonuses and/or dividends; 
      3. Any increase in value of Party 2’s Separate Property even though the parties understand, in the absence of this provision, an increase in value would be shareable between the parties under the Family Law Act; 
      4. Without limiting sub-clause (a) or (b), any increase in Party 2’s equity in Party 2’s Separate Property arising from payments of principal on a mortgage or other financial obligation registered against the Separate Property; and 
      5. Any property acquired in exchange for Party 2’s Separate Property or with:
        1. The proceeds from sale of the Separate Property or its substitute; or 
        2. The income produced by the Separate Property. 

(“Party 2’s Separate Property”)

  1. Except as provided in this Agreement, Party 1 will not acquire any interest in Party 2’s Separate Property notwithstanding any direct or indirect contribution by Party 1 to Party 2’s Separate Property. 
  2. Except as provided in this Agreement, Party 1 forever gives up any claim to Party 2’s Separate Property during the parties’ relationship or after it ends. 
  3. Except as provided in this Agreement, Party 2 will not acquire any interest in Party 1’s Separate Property notwithstanding any direct or indirect contribution by Party 2 to Party 1’s Separate Property. 
  4. Except as provided in this Agreement, Party 2 forever gives up any claim to Party 1’s Separate Property during the parties’ relationship or after it ends. 
  5. Except as provided for in this Agreement, Party 1 and Party 2 each release all rights to and interest in the other’s respective Separate Property which they may acquire under the laws of any jurisdiction, under presently existing or future legislation, including but not limited to the Family Law Act. 
  6. Neither Party 1 nor Party 2 will cause any charges, liens or encumbrances to be placed on the Separate Property of the other either during the parties’ relationship or after the parties’ relationship in the unlikely event they separate. 
  7. Either party may dispose of or encumber their respective Separate Property without the consent of the other party. 

Income as Separate Property

  1. The parties agree that all income earned by a party will form part of that party’s Separate Property.

Debts and Liabilities

  1. All of Party 1’s debts and liabilities, including those set out in Schedule “A” as well as any undisclosed debts and liabilities that Party 1 may have, are Party 1’s sole responsibility, and unless the parties otherwise agree in writing, responsibility for those debts and liabilities will never shift to Party 2.
  2. All of Party 2’s debts and liabilities, including those set out in Schedule “B” as well as any undisclosed debts and liabilities that Party 2 may have, are Party 2’s sole responsibility, and unless the parties otherwise agree in writing, responsibility for those debts and liabilities will never shift to Party 1.
  3. All debts and liabilities incurred after the date of this Agreement will be the sole responsibility of the party that incurred that debt or liability unless:
    1. The debt or liability was incurred by both parties; or
    2. The other party consents in writing.
  4. Any property received in exchange for debt incurred by one party is the sole separate property of the party that incurred the debt. 
  5. The parties agree to indemnify each other for any expense or loss resulting from the other party’s current or future debts and liabilities.  
  6. Either party may incur liabilities and pledge separate property as security for those liabilities without the consent of the other.  
  7. Neither party is the agent of the other and neither will represent to be the agent of the other.
  8. In the unlikely event that the parties separate, each will maintain sole responsibility for any debts and liabilities that they were solely responsible for immediately before the relationship ended.

Gifts Between Parties

  1. Nothing in this Agreement prevents either party from making gifts to the other. 
  2. A gift received by one party from the other becomes the recipient’s Separate Property. 

Household and Personal Belongings

  1. Except as otherwise provided in this Agreement, each party will be the sole owner of personal clothing, jewelry, recreational equipment, and the like in that party’s possession.
  2. In the unlikely event that the parties separate, the parties will divide any household furnishings that are not Separate Property in a manner that is to their mutual satisfaction.

End of Relationship

  1. For the purposes of this Agreement, the parties’ relationship will be deemed to have ended and the date of separation will be set on the date the first of the following events occur:
    1. The parties live separate and apart as a result of a breakdown in their relationship for a continuous period of more than thirty (30) days; or 
    2. The date a party delivers a written notice to the other that the relationship has irretrievably broken down. 

Disputes

  1. Unless the parties otherwise agree:
    1. The law of British Columbia applies to this Agreement; and 
    2. The Supreme Court of British Columbia has exclusive jurisdiction over this Agreement. 
  2. If either party takes any proceeding with respect to the property of the other or responsibilities to each other, this Agreement:
    1. May be filed or exhibited in the proceedings; and 
    2. Will be raised as a defence to, and form the basis of, a consent order in relation to any claim made in those proceedings. 

Termination

  1. This Agreement may be terminated if both of the parties agree in writing to terminate it. In that case, all clauses of this Agreement will be revoked and will have no force or effect.

Release

  1. This Agreement is a full and final settlement of all issues between the parties and all rights and obligations arising out of their relationship.
  2. Except as otherwise provided in this Agreement, each party gives up all claims at law, in equity, or by statute against the other, including, without restricting the generality of the foregoing, all claims under the Family Law Act, and the Wills, Estates and Succession Act, with respect to:
    1. support;
    2. property; and
    3. succession rights.
  3. Failure of a party to strictly enforce this Agreement is not to be construed as a waiver of rights under it.
  4. Nothing in this Agreement bars either party from taking or continuing to take proceedings in a court of competent jurisdiction to enforce provisions of this Agreement.
  5. Nothing in this Agreement bars either party from making a gift to the other party by will signed at any date later than the date of this Agreement.

Wills and Estates

  1. Except as otherwise provided in this Agreement, the parties are free to make wills leaving their Separate Property to such beneficiaries as they may choose. 
  2. Except as provided by this Agreement or by will, neither party will have any claim against the estate of the other, whether pursuant to the Wills, Estates and Succession Act of British Columbia or otherwise.  
  3. Except as provided by this Agreement or by will, neither party will have any claim to act as personal representative of the estate of the other, whether pursuant to the Wills, Estates and Succession Act of British Columbia or otherwise. 

Acknowledgements

  1. The parties acknowledge that:
    1. Party 1 has:
      1. had independent legal advice with respect to his rights against and obligations to Party 2 under the law and this Agreement;
      2. executed a Certificate of Independent Legal Advice with his lawyer, which is attached as a Schedule to this Agreement.
    2. Party 2 has:
      1. had independent legal advice with respect to her rights against and obligations to Party 1 under the law and this Agreement;
      2. executed a Certificate of Independent Legal Advice with her lawyer, which is attached as a Schedule to this Agreement.
  2. The parties acknowledge that each of them:
    1. has read the Agreement carefully;
    2. knows and understands the contents of this Agreement;
    3. is fully aware of the effect, purpose and intent of this Agreement;
    4. is signing this Agreement voluntarily without any undue influence or coercion by the other or by anyone else;
    5. has fully disclosed financial means and circumstances to the other to the extent necessary to enter into this Agreement and has been advised of their rights to obtain further documentation and discovery of each other’s financial circumstances, but has declined to do so;
    6. is satisfied that this Agreement provides adequately for personal present and future needs;
    7. after the terms of this Agreement are carried out, will be able to pay current and reasonably foreseeable debts and obligations as they fall due;
    8. believes that this Agreement will not result in circumstances that are unconscionable or unfair to the other party; and
    9. understands that the provisions of this Agreement, if considered by the Supreme Court to be substantially unfair due to the non-disclosure of material fact, may be reviewed and varied by the court despite the mutual agreement of the parties that this Agreement is final and binding.
  3. Party 1 and Party 2 will each do everything reasonably necessary to give full effect to this Agreement.
  4. This Agreement benefits and binds the parties and their respective personal representatives and assigns.
  5. The parties will each inform their executors named in their respective wills of the existence of this Agreement, its location, and contents.
  6. With regard to this Agreement:
    1. the headings in this Agreement are aids for speedy reference and have no legal significance. The headings are not part of the Agreement and may not be considered for the purpose of interpreting it;
    2. all schedules attached to this Agreement form an integral part of the Agreement and are incorporated by reference herein;
    3. for the purposes of interpretation, neither party drafted this Agreement, and its words are the words of both parties; and
    4. any reference to “when this Agreement is signed” in this Agreement means the date the last party signs it and, where a party is obligated to perform “when this Agreement is signed” the time for performance will be no later than 30 days after the last party signs this Agreement.
  7. The parties may vary this Agreement only by a written agreement executed in the same manner as this Agreement.
  8. If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement continues in effect.
  9. With regard to undisclosed assets:
    1. if, when this Agreement is signed, a party fails to disclose an asset having a value in excess of $1,000, whether or not the asset would otherwise qualify as a family asset, the party must:
      1. disclose the Undisclosed Assets to the other party immediately;
      2. hold the other party’s interest in the Undisclosed Assets in trust for the other party; and
      3. compensate the other party for one-half of the value of the Undisclosed Assets.
    2. for the purposes of this clause, a party will be deemed to have failed to disclose the asset if that party discloses the existence of an asset, but fails to disclose any information relevant to valuing the asset that is not generally available, although known to that party, which would cause the asset’s true value to not have been taken into account in negotiating this Agreement.
  10. Delivery of the signed Agreement or any signed counterparts by facsimile and/or electronic mail or other electronic means will be sufficient, and an electronic copy will have the same effect as an original executed Agreement.
  11. This Agreement may be witnessed without the party being physically present before the witness but linked with the witness by video-conferencing technology.

(concluding paragraph and signatures continue on the next page)

  1. While negotiating this Agreement, a variety of ideas and tentative arrangements were explored, but all of these are replaced by this Agreement, which is the entire agreement between the parties.

IN WITNESS WHEREOF, the Parties have hereto set their hands and seal the day and year first written above.

SIGNED, SEALED AND DELIVERED by Party 1 Full Name
on the ___  day of ___________, 2025

__________________________________ 
Signature of Witness
 __________________________________  __________________________________   
Name or Witness Party 1 Full Name
___________________________________ 
Address
___________________________________ 
Occupation   

SIGNED, SEALED AND DELIVERED by Party 2 Full Name
on the ___  day of ___________, 2025

__________________________________ 
Signature of Witness
 
__________________________________  __________________________________   
Name or Witness Party 2 Full Name

___________________________________ 
Address

___________________________________ 
Occupation   

Certificate of Independent Legal Advice

This Certificate of Independent Legal Advice is given with respect to the Agreement dated for reference as ______________ and made between Party 1 Full Name and Party 2 Full Name. 

This is to certify that I was retained to provide Party 1 Full Name with independent legal advice regarding the Agreement in respect of the statutory laws and common law of British Columbia and Canada as they pertain to the Agreement. I have done the following: 

  1. explained the legal rights that Party 1 Full Name would possess under the laws of British Columbia were it not for his entry into the Agreement; 
  1. explained the nature and effect of the Agreement and the consequences of entering into it; 
  1. confirmed with Party 1 Full Name that he understood the nature and effect of the Agreement. 

_________________________________ DATED:__________________________ 
Name:__________________________

I DECLARE AND ACKNOWLEDGE that this Certificate of Legal Advice is accurate and correct and that I received this independent legal advice before executing the Agreement. 

_________________________________ DATED:__________________________
Party 1 Full Name


Certificate of Independent Legal Advice

This Certificate of Independent Legal Advice is given with respect to the Agreement dated for reference as ______________ and made between Party 1 Full Name and Party 2 Full Name. 

This is to certify that I was retained to provide Party 2 Full Name with independent legal advice regarding the Agreement in respect of the statutory laws and common law of British Columbia and Canada as they pertain to the Agreement. I have done the following: 

  1. explained the legal rights that Party 2 Full Name would possess under the laws of British Columbia were it not for her entry into the Agreement; 
  1. explained the nature and effect of the Agreement and the consequences of entering into it; 
  1. confirmed with Party 2 Full Name that she understood the nature and effect of the Agreement. 

_________________________________ DATED:__________________________  
Name:__________________________

I DECLARE AND ACKNOWLEDGE that this Certificate of Legal Advice is accurate and correct and that I received this independent legal advice before executing the Agreement. 

_________________________________ DATED:__________________________
Party 2 Full Name


SCHEDULE A
PARTY 1’S CURRENT ASSETS AND LIABILITIES  
All values approximate as of the date of the agreement unless otherwise indicated. 

Asset Description Value 
Liabilities Description Balance Owing 

SCHEDULE B
PARTY 2’S CURRENT ASSETS AND LIABILITIES  
All values approximate as of the date of the agreement unless otherwise indicated. 

Asset Description Value 
Liabilities Description Balance Owing 

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