BC Common Law Agreement Lawyers
Living with your partner? Then you should consider a BC Common Law Agreement. We are dedicated to helping people just like you define their financial relationships and plan for the future. Our experienced team can help you protect your assets, avoid bad debt, and limit potential spousal support obligations.
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What is a Common Law Agreement in BC?
A common law agreement (also called a cohabitation agreement) is a legal contract signed by couples (common law spouses) before or during cohabitation in British Columbia. Under BC’s Family Law Act, common law agreements allow common law couples to determine how their property, debts, and spousal support will be handled if their relationship ends in separation.
Common law agreements in BC are legally binding contracts that override the default property division rules under the Family Law Act. Without a common law agreement, BC law typically requires equal division of family property acquired during common law after two years of living together, regardless of who earned or contributed what. A well-drafted BC common law agreement gives couples control over their financial future and can prevent costly disputes later.
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Why Do BC Couples Need Common Law Agreements?
British Columbia couples choose common law agreements for many reasons, including protecting pre-relationship assets, clarifying financial expectations, and addressing unique family situations. Here are the most common reasons BC couples get common law agreements:
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BC Common Law Agreement Requirements
For a common law agreement to be legally enforceable in British Columbia, it must meet specific requirements under the Family Law Act:
Written Agreement: BC common law agreements must be in writing and signed by both parties. Verbal agreements are not enforceable.
Independent Legal Advice: While not a formal requirement, it is best if each party receives independent legal advice from separate lawyers to ensure the agreement is fair and understood.
Full Financial Disclosure: Both parties must provide complete and honest disclosure of their assets, debts, and income.
No Duress or Undue Influence: The agreement must be signed voluntarily without pressure, coercion, or unfair circumstances.
Fair and Reasonable: While courts generally respect common law agreements, they can set aside agreements that are significantly unfair or unconscionable.
Proper Execution: The agreement must be properly witnessed and executed according to BC legal requirements.
The BC Common Law Agreement Process
Creating a legally sound common law agreement in BC involves several important steps:
Initial Consultation: Discuss your goals, assets, and concerns with a family lawyer who specializes in common law agreements.
Financial Disclosure: Compile complete financial information including assets, debts, income, and business interests.
Negotiation and Drafting: Work with your lawyer to draft terms that protect your interests while being fair to your partner.
Independent Legal Review: Your partner should have the agreement reviewed by their own lawyer to ensure independent legal advice.
Revisions and Finalization: Make any necessary changes based on legal review and both parties’ concerns.
Execution: Sign the final agreement with proper witnessing. This is when we provide the signed Certificate of Independent Legal Advice.
Common Mistakes to Avoid with BC Common Law Agreements
Many BC couples make costly mistakes when creating common law agreements. Avoid these common errors:
Waiting Too Long: Don’t leave your common law agreement until the last minute. This can cause unnecessary stress, and may result in additional fees for rushed work.
Incomplete Disclosure: Hiding assets or debts can result in some or all of your agreement being unenforceable. Full honesty is essential.
DIY Agreements: Template agreements often fail to comply with BC law or address your specific situation properly.
Ignoring Future Changes: Consider how your agreement should handle future circumstances like children, career changes, or inheritance.
No Independent Advice: Both parties should get separate lawyers to ensure the agreement is enforceable.
Hiring an Inexperienced Lawyer: It is important that your lawyer understand the law and know how it impacts making enforceable common law agreements. You can ask how many common law agreements they have completed in the last year to get a sense of how much time they dedicate to these legal issues.
Cost of Common Law Agreements in BC
The cost of common law agreements in BC varies significantly depending on complexity and the lawyers involved. At Freedom Family Law our expertly crafted custom common law agreements start at $2,000 and include a lawyer’s signed Certificate of Independent Advice.
At Freedom Family Law, we offer transparent flat-rate pricing for BC common law agreements, so you know exactly what your common law agreement will cost from the start. Our focus on family agreements and efficient remote process helps keep costs reasonable while ensuring high-quality legal protection.
Why Choose Freedom Family Law for Your BC Common Law Agreement
Freedom Family Law focuses exclusively on family agreements throughout British Columbia. Our expertise means we understand the nuances of BC common law agreements and stay current with changes in family law. We serve couples throughout BC through our convenient remote practice, offering:
✔Dedicated expertise in BC family agreements
✔Transparent flat-rate pricing with no surprises
✔Efficient remote process that respects your time
✔Deep understanding of BC Family Law Act
✔Service throughout British Columbia
F.A.Q.
Frequently Asked Questions
Can common law agreements be changed after they are made?
Yes, common law agreements can be modified after they have been finalized, but both spouses must agree to the changes in writing. The modified agreement should meet the same legal requirements as the original agreement, including independent legal advice and full financial disclosure.
How Enforceable are common law agreements in BC?
While BC courts generally uphold properly drafted common law agreements, they can set aside or modify agreements in certain circumstances. Courts may intervene if the agreement was signed under duress, involved inadequate disclosure, is significantly unfair, or if circumstances have changed dramatically since signing. That’s why you need a lawyer with experience to draft your enforceable common law agreement.
Do we both need separate lawyers for a common law agreement in BC?
While BC courts generally uphold properly drafted common law agreements, they can set aside or modify agreements in certain circumstances. Courts may intervene if the agreement was signed under duress, involved inadequate disclosure, is significantly unfair, or if circumstances have changed dramatically since signing. That’s why you need a lawyer with experience to draft you an enforceable common law agreement.
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