PRENUPTIAL, MARRIAGE, AND COHABITATION AGREEMENTS

What are prenuptial agreements, marriage agreements, and cohabitation agreements?

A prenuptial agreement, often called a “prenup”, is a contract which states what will happen if a marriage ends in a divorce. A prenuptial agreement ordinarily deals with topics such as how family property will be divided, who will be responsible for debts, and whether one spouse will pay support to the other after separation. A prenup can also deal with finances during the marriage and state how the family’s finances will be handled.


A marriage agreement is similar to a prenup, but is signed after marriage. A cohabitation agreement is also similar to a prenup, however it is used for two people living together but who have no intention of getting married. In British Columbia, the Family Law Act applies to both married couples and unmarried couples who have lived together for more than two years.


Prenuptial agreements, marriage agreements, and cohabitation agreements are a special type of contract authorized under the Family Law Act which determine what will happen in the marriage or relationship ends. Common clauses will deal with how family property will be divided, who will be responsible debts, and support payments after separation.

Why should I get a family law agreement?

The end of a relationship often leads to hurt feelings, emotional disputes, and legal conflicts. Prenuptial and cohabitation agreements are a way for couples to avoid this by negotiating the terms of their separation when they are calm and reasonable. Some individuals in particular should strongly consider getting an agreement in place to protect their assets. These include:
  • Small business owners,
  • Couples with a significant income or asset disparity,
  • Second marriages or later-in-life couples, and
  • Individuals who expect to receive a large inheritance.
It is extremely important to receive legal advice from a family law lawyer before signing a prenuptial or cohabitation agreement. The terms of this agreement will determine your rights and entitlements if you end up separating. An experienced family lawyer can advise on any proposed agreement and ensure that you are not signing away your rights.

Are family law agreements always enforceable?

A properly drafted agreement is usually enforceable, however an agreement can be set aside in certain circumstances. If there was a defect in how the agreement was executed, such as one person not understanding what they were signing or failing to disclose all of their assets, then a judge may set aside an agreement. Or, if the agreement was drafted properly but is significantly unfair to one of the parties, then a judge has the discretion to throw out the agreement.

How do I get a family law agreement?

Both parties must agree on the terms of the agreement. One lawyer then drafts the agreement so that the terms are clear and enforceable. The other party then retains their own lawyer and receives independent legal advice. At Virgin Law Group, we have the experience, skills, and knowledge to draft an enforceable prenuptial or cohabitation agreement.

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