Prenuptial agreements are not about planning for a breakup; they are about creating clarity and protecting both partners if things change in the future. For many couples in British Columbia, a carefully drafted marriage agreement is simply part of prudent financial planning.
A “prenup” is a written marriage agreement made before or during a marriage that sets out how property, debts, and sometimes spousal support will be dealt with if you separate or divorce. It can confirm what will be treated as family property to be shared and what will remain each spouse’s separate property, such as pre-relationship assets, inheritances, or certain gifts. It can also address responsibility for existing and future debts, and how you will deal with contributions to the family home or a business over time.
These agreements are particularly helpful where there is something significant to protect or clarify – for example, a home owned before the relationship, a family business, an expected inheritance, or children from a prior relationship. Clear terms can reduce uncertainty and help both partners understand “what would happen if,” which in turn can reduce conflict and legal costs if the relationship ends.
The marriage agreement must be in writing, signed by both parties, and witnessed. Each partner should provide full and honest financial disclosure and receive independent legal advice before signing, so they understand their rights and the consequences of the agreement. Even with these safeguards, the court can set aside or change the property and debt provisions in certain circumstances, such as inadequate disclosure, coercion or significant power imbalance, lack of understanding, or where enforcing the agreement later would be significantly unfair.
Marriage agreements are governed by specific legislation and evolving case law in British Columbia, so “do‑it‑yourself” and template-based agreements carry real risk. Generic or AI‑generated contracts often give a false sense of security while remaining vulnerable to challenge or reinterpretation. If a court finds there was no proper disclosure, meaningful negotiation, or true understanding of the consequences, key provisions may be set aside, and the default legal rules will apply instead.
The key message for clients is that a marriage agreement can be a valuable planning tool, but it is not something to leave to chance, templates, or technology. Proper advice at the outset can significantly increase the likelihood that your agreement will be respected if it is ever needed and can provide both partners with peace of mind as they move forward together.
