Marriage Agreements

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"Marriage Agreements" is the umbrella term set out in the Family Law Act to cover all agreements that govern property division if a marriage or marriage like relationship breaks down.  You have likely heard the terms Pre-Nuptial Agreement or Cohabitation Agreement.  As far as BC law is concerned, each of these is just another word for Marriage Agreement.

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If you are thinking of moving in with your romantic partner, or if you are thinking of getting married, you may want to consider at the outset what will happen in the unfortunate event of a separation.  The more complex your finances coming in to the relationship, the more complex it will be to disentangle your finances in the event that you separate.  This is particularly the case where you have assets that you hold together with others such as family members or business partners.

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You should also keep in mind that you can enter into a marriage agreement even though you are already married, or already living in a marriage-like relationship (often called common-law).   You may receive an inheritance that you want to protect, or perhaps you are starting up a joint business and your business partner is worried about separation leaving them with an extra, unintended business partner (your spouse) than they originally intended.  There are many reasons to consider a marriage agreement both before and during a relationship.

 

We have assisted many clients in making the best possible plans for their futures in the event of a separation.  If you have any questions about how we can help you, please get in touch with us. 

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