Planning a wedding is an exciting time, filled with dreams of a lifetime together. However, alongside the planning for the big day, couples often face the practical reality of blending their financial lives. This is where a marriage agreement in BC becomes essential.

A marriage agreement, often known globally as a prenuptial agreement (or postnuptial agreement if signed after the wedding), is a legally binding contract between two people who are married or planning to marry. It serves as a financial and property roadmap for the relationship, specifically outlining what happens to assets, debts, and potential spousal support in the event of separation or death. While nobody enters a marriage expecting it to end, this agreement is a proactive, mature step toward protecting the financial interests of both partners and providing clarity, removing uncertainty that can otherwise fuel costly legal disputes down the road.

The Problem: BC’s Default Family Law Rules

Many couples are unaware of the automatic financial rights and responsibilities they assume the moment they are legally married in British Columbia. Consequently, if a marriage ends without a signed marriage agreement, the division of assets and debt is governed by the default rules set out in the BC Family Law Act.

The Principle of Equal Division

The foundational principle of the Family Law Act is that, upon separation, family property and family debt are presumed to be divided equally (50/50).

Family Property generally includes all assets acquired by either spouse from the date the relationship began (which can predate the marriage if there was a period of cohabitation) until the date of separation. This often includes bank accounts, investments, pension contributions, and the matrimonial home.

Excluded Property is generally defined as property owned by one spouse before the relationship began, as well as inheritances and gifts received from a third party during the marriage.

However, the most common source of conflict is that while the excluded property itself is technically protected, any increase in the value of that excluded property (e.g., the growth in value of a pre-marital home or investment portfolio) during the relationship is considered family property and is subject to the 50/50 division rule. This default rule can lead to significant and often unintended financial consequences, especially for couples with existing wealth or blended families. To delve deeper into the BC laws, you can read the official text of the Family Law Act on the government’s website.

Potential Financial Pitfalls Without an Agreement

Loss of Pre-Marital Assets: A spouse who brings a high-value asset, like a home or a business, into the marriage risks losing half of its appreciated value to their partner upon separation.
Assuming Partner’s Debt: Unless carefully tracked, debt acquired by one spouse during the marriage is often considered family debt and becomes a joint responsibility to be divided equally.
Uncertainty of Spousal Support: Without a written contract, spousal support claims are left to the discretion of the court, resulting in uncertain outcomes, lengthy litigation, and expensive legal fees.

According to data from Statistics Canada and related legal surveys, while the Canadian divorce rate has shown a general decline, the average age at divorce is rising (currently around 46), meaning couples are dissolving marriages after accumulating substantial assets over longer periods, making the division of property even more complex.

The Solution: Taking Control with a Marriage Agreement

A marriage agreement is your legally recognized tool to contract out of the Family Law Act’s default property division rules. It allows you and your spouse to create a custom-tailored plan that reflects your unique circumstances, financial goals, and shared values. This proactive approach significantly reduces emotional stress and the cost of litigation if the relationship ever breaks down. Moreover, this process fosters open financial communication, which is invaluable for a long-term partnership.

Core Benefits of a Comprehensive Agreement

Protecting Excluded Property: A well-drafted agreement goes beyond the default law to protect not just the value of the excluded property you brought in, but often the appreciation of that property over the course of the marriage.
Clarity for Blended Families: If one or both partners have children from previous relationships, the agreement ensures that family property is defined in a way that protects the inheritance rights of those children.
Defining Spousal Support: You can define a specific formula for spousal support, cap the amount, limit the duration, or even agree to a spousal support waiver entirely, removing the uncertainty of a future court decision.
Debt Allocation: The agreement can clearly state which pre-existing or future debts remain the sole responsibility of the party who incurred them, providing a shield against unexpected financial liability.
Cost and Time Savings: While there is an initial cost to drafting an agreement, it is a minor investment compared to the typical cost and emotional toll of contested litigation over property division and support in BC Supreme Court.

Example: Jane owned a condo worth $500,000 before marriage. Over ten years, it doubled in value to $1,000,000. Without a marriage agreement, her spouse would be entitled to 50% of the $500,000 increase ($250,000). A properly drafted agreement would specify that Jane retains the entire appreciation of her pre-marital home, thereby protecting her excluded property.

Essential Components of a Valid BC Marriage Agreement

The contents of a marriage agreement are highly personalized, but there are critical subjects that nearly every agreement must address to be effective and enforceable under BC family law.

I. Property and Assets

This is the most detailed section and should cover:

Division of Family Property: Defining exactly which assets acquired during the marriage will be shared, and how (e.g., 50/50, or a different percentage).
Defining and Protecting Excluded Property: Listing and attaching documentary evidence (e.g., appraisals, bank statements) of all property owned before the relationship, along with an explicit clause regarding the treatment of its future increase in value. To learn more about pre-marriage property protection, explore our detailed guide on cohabitation agreements.
Management of Joint Property: How the family home, vehicles, and jointly held accounts will be managed during the marriage and on separation.

II. Debt and Liabilities

The agreement must clearly detail:

Pre-Marital Debt: Confirmation that each party is responsible for the debt they brought into the marriage.
Marital Debt: Defining how debts acquired during the marriage (e.g., credit cards, lines of credit) will be handled upon separation.

III. Spousal Support

This clause establishes your rights regarding future financial support. The options include:

A complete spousal support waiver by both parties.
A fixed, agreed-upon amount and duration for support payments.
A formula for calculating support that differs from the general Spousal Support Advisory Guidelines.

IV. Estate Matters

A marriage agreement should include a clause that coordinates with or replaces any default rights a spouse has under the BC Wills, Estates and Succession Act (WESA), particularly regarding claims against the deceased spouse’s estate. This is vital when protecting assets intended for children from a previous relationship.

Note: In BC, a marriage agreement cannot legally determine issues of parenting time or child support because these matters must always be decided based on the best interests of the child at the time of separation. For information on the support guidelines, please refer to the Department of Justice Canada’s Child Support Table Look-up tool.

The Legal Requirements for Enforceability

While it is theoretically possible to draft a simple contract without a lawyer, a BC court has the power to set aside a marriage agreement if it finds the agreement to be significantly unfair. Meeting specific legal and process requirements drastically increases the likelihood that the agreement will be upheld. Therefore, understanding these requirements is crucial before execution.

The Three Legal Pillars of Validity

Must Be in Writing and Signed: The contract must be physically written and properly executed, signed by both parties, and their signatures should be witnessed. Verbal agreements are not valid under the Family Law Act.
Full and Honest Financial Disclosure: Both spouses have a non-negotiable legal obligation to provide full and honest disclosure of all their assets, debts, and income before the agreement is signed. Failure to disclose a significant asset is the number one reason an agreement is later challenged and potentially invalidated by a judge.
Voluntary and Comprehending: Both parties must enter the agreement voluntarily and without duress, and they must fully understand the terms and their legal implications.

The Role of Independent Legal Advice

The best practice for ensuring the agreement is upheld is for both partners to obtain Independent Legal Advice (ILA) from separate lawyers who specialize in BC family law. An ILA lawyer’s role is not to simply approve the deal but to explain the following:

What the client’s rights would be under the default BC law without the agreement.
How the proposed agreement changes those rights.
The legal pros and cons of the agreed-upon terms.

Requirement	Purpose in BC Law	Risk if Absent
Full Financial Disclosure	Ensures transparency and informed consent.	Court may set aside the agreement for “significant unfairness.”
Independent Legal Advice	Confirms understanding and voluntary signing.	Increases the chance that a party claims they were pressured or misinformed.
Written & Witnessed	Meets formal requirement of the Family Law Act.	Agreement is considered non-binding or invalid from the start.

The ILA process protects the agreement itself, effectively preventing either partner from successfully claiming later that they didn’t know what they were signing or that they were forced to sign. To explore the enforcement process further, review the general guidelines for enforcing family agreements in BC.

Drafting Your Marriage Agreement: Best Practices

The process of creating a marriage agreement should be viewed as a mutual, collaborative discussion about expectations, not a hostile negotiation. In fact, many couples find the process strengthens their bond through shared planning.

Step-by-Step Approach

Open Communication: Begin by having an honest, non-confrontational conversation with your partner about your respective financial goals, excluded property, and concerns.
Gather Financial Documentation: Collect all necessary documents, including bank statements, investment portfolio summaries, property appraisals, and tax returns, to ensure full disclosure.
Drafting the Agreement: A lawyer drafts the initial document, turning your agreed-upon terms into legal language that complies with the BC Family Law Act.
Independent Legal Review: Each partner takes the draft to their own ILA lawyer for review and advice. It is highly recommended to choose a lawyer specializing in BC family law for this step.
Execution: Both parties sign the final document in the presence of their witnesses, typically lawyers, who often sign a certificate of ILA.

Marriage Agreements and Pre-Existing Cohabitation Agreements

If you and your partner previously signed a cohabitation agreement when you moved in together (i.e., before you were married), that document can be converted into a marriage agreement upon your wedding. This is only possible if the cohabitation agreement contains a specific clause stipulating that its terms will remain in force after the marriage. If it does not, or if you wish to update the terms to reflect new assets or circumstances, a new, or amending, marriage agreement should be executed. For a side-by-side comparison, see our blog on marriage agreement vs cohabitation agreement.

Common Property Division Clauses in BC Agreements

When drafting the agreement, couples choose from various approaches to property division, moving away from the default 50/50 rule to one that fits their relationship’s economics. Commonly used clauses include:

Clause Type	Description	Result Upon Separation
Full Exemption Clause	Defines all assets (including future appreciation) as separate property, regardless of when acquired.	Spouses leave with only the property registered in their name.
Equal Sharing of Specific Assets	Exempts excluded property but specifies that certain shared assets (e.g., joint bank accounts, a specific rental property) will be divided equally.	Only the listed ‘shared’ assets are divided 50/50; all else is separate.
Time-Based Escalation	Specifies that the division percentage increases based on the duration of the marriage (e.g., 20% after 5 years, 50% after 15 years).	Division is based on a pre-determined sliding scale.
Return of Contribution Clause	Guarantees that the spouse who made the initial down payment on a home gets that full amount returned first.	Spouse is compensated for their pre-marital capital before the remaining equity is divided.

In addition to property division, a marriage agreement typically addresses the ongoing financial relationship, which may include:

Sharing of Expenses: Defining the percentage each spouse contributes to mortgage, utilities, insurance, and other household expenses.
Management of Accounts: Specifying which bank accounts will be joint, separate, or used for specific purposes (e.g., a shared “vacation fund”).
Family Business Ownership: Detailing how ownership, management, and valuation of a family business will be handled upon separation, often including a mandatory buy-out mechanism.

Contact Freedom Family Law Today

Protecting your relationship and financial future starts with the right legal guidance. To discuss your rights and draft a legally sound agreement, contact Freedom Family Law today. Call (833) 338-2598 or book a free consultation with an experienced marriage agreement lawyer who will guide you through every step.

Success Stories

⭐⭐⭐⭐⭐ Mathais Sarrazin was excellent to work with. He delivered exactly what he promised on time and kept me updated every step of the way. His follow-ups and prompt replies meant I never had to wonder what was happening. He is hardworking, patient, and very knowledgeable, always looking at the situation from a holistic perspective to give the best support. With his professionalism and great manner, I felt fully supported throughout the process. Highly recommended!

⭐⭐⭐⭐⭐ I had the pleasure of working with Mathais as my family lawyer, and I couldn’t have asked for a better experience. He was absolutely amazing; clear, timely, and incredibly informative throughout the entire process. Mathais took the time to explain everything in a way that made sense, always making sure I felt confident and well-informed before moving forward. I truly appreciate his support and would highly recommend him to anyone looking for a trustworthy and knowledgeable family lawyer.

⭐⭐⭐⭐⭐ I had a great experience working with Mathais and his firm! Mathais was incredibly helpful, clear, and informative throughout the entire process. I felt well-supported and confident in every step thanks to his guidance. I highly recommend Freedom Family Law’s services to anyone in need of legal assistance!

Frequently Asked Questions

1. What is a marriage agreement in British Columbia?
In British Columbia, a marriage agreement is a legal contract entered into before or after marriage (or by couples in a marriage-like relationship) that sets out how property, debts, and other financial issues will be handled if the relationship ends.

2. When should a marriage agreement be considered in BC?
A marriage agreement in BC should be considered when one or both partners have significant assets or debts, when children from a previous relationship are involved, when one partner expects to inherit or start a business, or when the couple wants to define financial terms in advance.

3. Does a marriage agreement have to be made before marriage in BC?
No — in BC, a marriage agreement can be signed before marriage (a “prenup”) or after marriage. It can also be made by couples in a marriage-like relationship.

4. What issues can a marriage agreement cover in BC?
It can cover how property and debts are managed and divided, spousal support terms, and sometimes how assets brought into the marriage are treated. However, it cannot validly deal with child support or custody when signed before separation.

5. What legal requirements make a marriage agreement valid in BC?
The agreement must be in writing, signed by both parties, ideally witnessed, and each party should have full financial disclosure and independent legal advice. It must also be entered into voluntarily and fairly.

6. Can a marriage agreement be challenged or set aside in BC?
Yes. A court may set aside or vary a marriage agreement if one party failed to disclose significant property or debt, one party was pressured into signing, or the agreement is unfair in the circumstances.

7. What is the difference between a marriage agreement and a cohabitation agreement in BC?
A cohabitation agreement is for couples living together (or planning to) and not yet married; a marriage agreement is for those married or planning to marry (or in a marriage-like relationship). Both deal with property and debt, but different legal statuses apply.

8. Is signing a marriage agreement in BC mandatory?
No — neither partner is legally required to sign one. It is a voluntary contract. However, once signed, it becomes legally binding if valid.

9. How do I change or cancel a marriage agreement in BC?
Both parties can agree to amend or cancel (terminate) the agreement by drafting a new written agreement (an addendum or replacement) signed by both. Otherwise, a court application may be needed.

10. Should each party get independent legal advice before signing a marriage agreement in BC?
Yes — obtaining independent legal advice helps ensure the agreement is fair, that each party understands the terms, and avoids claims later that they were pressured or uninformed.

Conclusion

A marriage agreement in BC is far from a negative contract, it’s an empowering one. It provides both partners with financial certainty and peace of mind, ensuring that the rules governing your assets and debts are the ones you both chose, not the ones imposed by the government. In a world where unexpected life events and separations occur, this agreement is a foundational investment in the security of your marriage and your individual financial future. It allows you to build your life together knowing that the financial framework is clear, understood, and mutually agreed upon, thereby minimizing the potential for conflict down the line.

Ready to protect your future together?
Contact Freedom Family Law today to get a personalized, affordable marriage agreement without ever leaving your home.

About the Author – Mathais Sarrazin

Mathais Sarrazin is the founder and principal lawyer at Freedom Family Law in British Columbia. A graduate of UVic Law (2012) and a proud member of the BC Bar since 2013, Mathais brings over a decade of experience helping couples and families protect what matters most.

Before founding Freedom Family Law, Mathais gained extensive courtroom experience in both criminal defense and family law, running Supreme Court trials within months of being called to the bar. That early exposure taught him one crucial lesson — many family disputes are preventable with the right planning and communication.

Today, Mathais focuses on helping BC couples create strong, transparent agreements that protect their rights, assets, and relationships. His approach is personal, responsive, and client-focused — he takes the time to understand each couple’s unique situation and offers flat-rate, transparent pricing to eliminate surprises.

When he’s not helping clients, Mathais enjoys spending time with his family and living the balanced lifestyle he encourages his clients to achieve.

What is a Marriage Agreement in BC?