At DSG Family Law, we help individuals and couples in Langley and across British Columbia prepare customized prenuptial agreements that provide clarity, legal protection, and peace of mind. These agreements play a vital role in safeguarding your financial interests, defining responsibilities, and minimizing future conflict in the event of a relationship breakdown.
Whether you’re entering into your first marriage, planning a second marriage, or starting a common-law relationship, our experienced family lawyers guide you through each step of the process. We ensure your agreement complies with the Family Law Act of British Columbia and reflects your unique values and priorities.
A properly drafted prenuptial agreement can address property ownership, debt division, spousal support, and more—allowing both partners to move forward with confidence. At DSG Family Law, we take the time to understand your goals and help you create a fair and enforceable agreement that stands the test of time.
Prenuptial Agreement Lawyers in Langley, BC
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What Is a Prenuptial Agreement?
- Ownership and division of property and debts
- Spousal support obligations or waivers
- Contributions to household expenses, mortgages, or investments
Prenuptial agreements are not limited to married couples. Common-law partners can also enter into similar contracts, either before moving in together or at any point during the relationship. Agreements made after marriage are referred to as postnuptial agreements.
Prenuptial agreements in British Columbia offer couples significant flexibility to define how financial and legal matters will be handled during and after their relationship. However, these agreements must comply with the Family Law Act and broader legal principles to be enforceable. Understanding what can—and cannot—be included is essential to drafting a valid and effective agreement.
What Can and Can’t Be Included in a BC Prenuptial Agreement
Permitted Topics
- Division of property and debt: You can specify how assets and liabilities will be classified and divided in the event of separation, including family property, excluded property, and jointly acquired debt.
- Business ownership: Couples may protect interests in privately owned companies, professional practices, or future business ventures.
- Spousal support: Agreements may include clauses that waive support entirely or set specific terms for amount, duration, or eligibility.
- Contributions during the relationship: You can establish expectations around contributions to mortgages, bills, investments, and other shared responsibilities.
- Inheritance and estate planning: Prenuptial agreements can clarify how inheritances will be treated and reinforce estate planning intentions, especially in blended families or second marriages.
By addressing these matters in advance, a well-drafted agreement can reduce uncertainty and conflict if the relationship ends.
Prohibited Provisions
- Child custody and parenting time: Section 44 of the Family Law Act prohibits agreements that pre-determine parenting arrangements. These decisions must always reflect the best interests of the child at the time of separation.
- Child support: Section 148 limits enforceable agreements about child support to those made after separation, or those expressly intended to take effect only upon separation. Courts prioritize the child’s current needs, not prearranged terms.
- Illegal or unconscionable terms: Any clause that violates public policy, such as penalizing infidelity with financial consequences or excluding a spouse entirely from family property despite caregiving or parenting roles, may be invalidated by the court.
- Significant unfairness: If a court finds that the agreement leads to an outcome that is significantly unfair—due to unequal bargaining power, evolving circumstances, or lack of proper legal advice—it may be set aside in whole or in part.
At DSG Family Law, we work closely with clients to ensure their prenuptial agreements are not only tailored to their needs but also fully compliant with BC’s legal framework—reducing the risk of future disputes or unenforceability.
- Be in writing
- Be signed voluntarily by both parties
- Be witnessed
However, an agreement can be challenged or invalidated if:
- One party didn’t fully disclose their finances
- There was pressure, coercion, or unfair timing (e.g., presented just before the wedding)
- The agreement violates BC or federal family law
- A party lacked independent legal advice or didn’t understand the implications
While legal advice is not strictly required, obtaining independent legal counsel significantly strengthens the enforceability of the agreement.
Are Prenuptial Agreements Legally Binding in BC?
Can a Prenuptial Agreement Be Challenged in Court?
- Full and honest financial disclosure was not provided
- One party was misled, pressured, or coerced
- The agreement is significantly unfair based on current circumstances
- Independent legal advice was not obtained
Courts will consider factors such as the passage of time, evolving financial realities, and the reliance of each spouse on the original terms of the agreement.
Here’s how the process works in British Columbia:
How to Create a Prenuptial Agreement in British Columbia
1. Identify the Key Issues to Include
- Division of property and debt: Decide how assets acquired before and during the relationship will be treated if you separate.
- Spousal support: Determine whether either party may claim support and, if so, under what terms.
- Business ownership: Protect the value or growth of a family business or entrepreneurial venture.
- Inheritance or estate matters: Clarify how inheritances or family property will be handled.
- Contributions during the relationship: Outline expectations for financial responsibilities, such as mortgage payments, living expenses, or joint investments.
Taking time to identify these core issues ensures that the agreement reflects your unique goals and circumstances.
2. Have a Transparent and Respectful Conversation
This conversation should ideally take place well before your planned wedding or move-in date. Rushed agreements, especially those presented close to the wedding, are more likely to be challenged later on.
DSG Family Law can provide talking points and resources to help you and your partner approach this discussion with clarity and respect.
3. Obtain Independent Legal Advice
- Both parties fully understand the legal consequences of the agreement
- Neither party is pressured or unfairly disadvantaged
- The agreement aligns with the Family Law Act and federal laws
At DSG Family Law, we represent clients throughout Langley and the Lower Mainland. We can also work collaboratively with your partner’s counsel to reach a fair and respectful resolution.
4. Exchange Full Financial Disclosure
- Bank accounts and investment portfolios
- Real estate holdings
- Business valuations
- Pensions and retirement savings
- Credit card debt, loans, and other liabilities
- Regular income from employment or other sources
A lack of proper disclosure is one of the most common reasons courts set aside prenuptial agreements. Transparency at this stage is essential.
5. Negotiate, Draft, and Review the Agreement
- Reflect the informed intentions of both parties
- Comply with applicable legal standards
- Use clear, specific, and legally enforceable language
Your lawyer will walk you through every clause and suggest revisions if needed. In some cases, negotiation between counsel may be necessary to resolve disagreements.
6. Finalize and Sign the Agreement Properly
- Be in writing
- Be signed voluntarily by both parties
- Be witnessed by a third party (the witness cannot be your spouse or your lawyer)
Ideally, the signing should take place well before the wedding or cohabitation begins to avoid any perception of coercion or time pressure. Proper execution is crucial to ensuring the agreement stands up in court if ever challenged.
In most cases, this means:
- Equal division of family property and family debt: Property and debt acquired during the relationship—regardless of who acquired it or whose name it's in—will be presumed to be shared equally between spouses under Part 5 of the Family Law Act.
- Spousal support obligations: Either party may be entitled to or required to pay spousal support, depending on factors such as the length of the relationship, each spouse’s financial circumstances, roles during the relationship, and whether an economic disadvantage resulted from the relationship or its breakdown (Part 6, Family Law Act).
If you and your partner cannot come to terms through negotiation or mediation, you may require a separation agreement or seek a court order. Court-imposed outcomes often take longer, cost more, and involve greater emotional strain.
Creating a prenuptial agreement ahead of time helps avoid this uncertainty and reduces the likelihood of litigation during an already difficult time.
What Happens if You Don’t Have a Prenuptial Agreement?
Why Consider a Prenuptial Agreement in British Columbia?
Common reasons to consider a prenuptial agreement include:
- Clarity and peace of mind: A prenup clearly outlines each partner’s rights and obligations, reducing the risk of conflict in the future.
- Financial protection: Especially important for those entering the relationship with significant assets, business ownership, or future inheritances.
- Tailored financial arrangements: BC’s default rules may not suit your unique situation. A prenup allows couples to define how they want their finances managed—during the relationship and after separation.
- Estate planning support: A prenup can complement wills and trusts, clarifying what happens to property in the event of death—particularly helpful in second marriages or blended families.
Most importantly, prenuptial agreements are not just for high-net-worth individuals. Any couple who wishes to protect their financial interests or avoid future uncertainty can benefit from a properly drafted agreement.
A legally valid prenuptial agreement allows you and your partner to opt out of that default regime and customize how property and support will be handled if the relationship ends. Specifically, a prenuptial agreement can:
- Exclude certain assets from equal division, such as property one party brought into the relationship or inherited assets.
- Protect business interests, investment accounts, or real estate from being subject to division.
- Clarify property ownership: Specify which assets are considered individual property and which are shared.
- Determine spousal support obligations: Waive support entirely, limit it, or set pre-agreed terms for amount and duration.
- Support estate planning goals: Define how assets will be handled in the event of one party’s death, aligning with your will or trust.
So long as the agreement meets legal requirements—such as full financial disclosure, no coercion, and fairness at the time of signing and enforcement—BC courts will generally uphold its terms. However, the court may set aside the agreement if it is found to be significantly unfair, especially if one party was disadvantaged or misled.
How a Prenuptial Agreement Affects Separation and Divorce in BC
At DSG Family Law in Langley, BC, we understand the far-reaching impact of family law matters like divorce and legal separation on parental rights, personal property, children, and assets. Our professional and highly skilled family lawyers are committed to providing you with expert representation, tailored to your unique needs.
We take a client-centred approach and offer both comprehensive and unbundled legal services, ensuring you receive the support you require at an affordable cost. As a paperless firm, we prioritise efficiency, making your experience with us seamless and stress-free.
Count on DSG Family Law for accessible, compassionate, and trusted family law representation in Langley, BC. Book a free consultation and let us guide you through these crucial legal matters with clear solutions to complex family matters.
Langley B.C
DSG Family Law
At DSG Family Law, we understand that family law matters can be overwhelming and emotionally challenging. Our Family Law Consultations are designed to create a welcoming, comforting, and collaborative environment where you can discuss your concerns and aspirations freely.
We listen attentively to your unique story and provide a safe space to express your needs and goals openly. Our compassionate team of experienced lawyers is here to support and guide you every step of the way.
During the consultation, we take the time to understand your situation fully. We believe in fostering a collaborative approach, where you are actively involved in the decision-making process. Our goal is to empower you with knowledge and options, so you can make informed choices for the future of your family.
