A prenuptial agreement is a “marriage contract” made before a marriage starts, often helping to decide key financial matters in the event of divorce.

Such agreements are becoming increasingly common in British Columbia, as couples get married later in life, often having already accumulated significant assets. Prenuptials can reduce the level of financial uncertainty while preventing disputes and delays during divorces.

However, anyone entering into a prenuptial agreement should be fully aware of the effects it can have on various aspects of B.C. divorces.

Here’s what you need to know.

What is a prenuptial agreement under BC law?

Under the BC Family Law Act, prenuptial agreements are formally called marriage agreements. These are legal contracts usually made before the marriage starts but similar agreements (sometimes called “post-nuptial” agreements) can be made after the marriage begins.

A prenuptial agreement usually defines how key financial aspects of a marriage will be settled in the event of divorce, including:

Property division (accounts, real estate, investments, pensions, valuables, vehicles, the family home, etc.)
What is considered “family” property and “excluded” property?
Debt division (who is responsible?)
Spousal support (how much and for how long?)

Properly executed prenuptial agreements can override the provisions of the Family Law Act. They can help individuals protect assets and reduce the level of conflict and stress if the marriage ends, often (but not always) eliminating the need for mediation, arbitration or litigation to resolve disputes over financial matters, and preventing many unnecessary delays.

However, judges can set aside marital agreements if they are deemed unfair or if questions are raised over coercion or their overall legality. To be enforceable, agreements must be in writing, signed voluntarily, and independent legal advice is strongly recommended for both parties (more about this below).

How prenuptial agreements affect property division

Under BC’s default property division rules, spouses are generally entitled to an equal division of family property and family debt when a relationship ends, regardless of whose name the asset or debt is in.

The Family Law Act also recognizes “excluded property,” such as inheritances, gifts from third parties, personal injury settlements, and property owned before the relationship began. While excluded property itself is not divided, any increase in its value during the relationship is typically subject to division.

A valid prenuptial agreement can affect this by:

Redefining what is considered “excluded” property.
Excluding certain assets, such as businesses, from the division process.
Specifically protecting pre-marriage property.
Addressing debts and financial responsibilities.
Redefining whether the increase in value of excluded property during the marriage should be considered family property.

How prenuptials can impact spousal support

Prenuptial agreements can also address another common cause of major financial disputes in B.C. divorces: spousal support.

Typically, one spouse may be entitled to claim spousal support if a marriage or common-law relationship ends and income discrepancies or other factors warrant it.

Prenuptials can help couples decide whether to limit spousal support or waive it altogether. They may set out the precise terms of who pays what to whom and for how long during and after the divorce process, replacing the need for collaboration between lawyers, mediation, or litigation.

Marriage agreements may outline certain specific circumstances in which a spouse would be eligible for support, with amounts and durations detailed. Generally, if the agreement is properly executed, full financial disclosure is made beforehand, and the terms are not unconscionable, the B.C. courts will uphold the agreement.

Note, however, that courts in B.C. often scrutinize spousal support waivers more closely than property division clauses, especially if one spouse faces financial hardship or circumstances have changed greatly since the agreement was signed.

What prenuptial agreements cannot affect in BC?

Prenuptial agreements should not cover child custody or child support matters.

The B.C. courts will have the final say on these matters based on the circumstances at the time of divorce and the best interests of the children, regardless of anything written in the agreement.

Custody, parenting arrangements, or child support matters should be either discussed between parents before filing for divorce, agreed upon between the parties during the divorce process, or left to a judge to decide if no agreement can be found.

Enforceability of prenuptial agreements in BC

The main legal requirements for creating a valid prenuptial agreement in British Columbia include:

A written agreement signed by both parties and properly witnessed.
Full and honest financial disclosure between the parties.
Voluntary agreement without pressure or coercion.
Independent legal advice is strongly recommended for both parties.

Generally, because the financial stakes are often high when relationships break down, couples seek legal assistance not only for advice on protecting their legal rights and outlining their obligations but also for drafting the agreement. Professional prenuptial agreement drafting is recommended for the peace of mind of both parties.

When a court may set aside a prenuptial agreement

Prenuptials can be challenged in court on several legal grounds, including:

Significant unfairness.
Lack of financial disclosure.
Duress or unconscionability.
Significant changes in circumstances since signing the agreement.

Legal challenges to prenups usually defeat the original purpose, which is to make matters simpler, clearer, less stressful, and less time-consuming during a marriage breakup.

Challenges take the matter to the B.C. courts and cause extra delays, expense, and stress: another reason why it’s best to seek legal advice when planning and drafting a marriage agreement.

Using online templates that are not personalized to your unique situation can be misleading and may not hold up in court if challenged.

Seek experienced legal assistance to create a valid prenup

To sum up, legally enforceable prenuptial agreements can help reduce uncertainty and financial concerns in marriages involving high-net-worth individuals, couples who get married later in life, or simply spouses-to-be who want to protect key assets like businesses.

It is important, however, to plan properly for a prenuptial and to seek legal advice before signing any marriage agreement.

For a free 30-minute consultation about your legal options, contact the team at Legalbird today.

Date Modified:

February 24, 2026

Benti Atwal

Family Law Expertise You Can Trust

Benti K. Atwal is a British Columbia family law lawyer who focuses on separation, divorce, parenting disputes, child support, spousal support, and property division. She takes a client-centered, trauma-informed approach, understanding that family law matters involve both complex legal issues and significant personal impact. Benti represents clients through negotiation, mediation, and court proceedings, advocating firmly when litigation is necessary while encouraging resolution where possible.

Her practice includes parenting arrangements, parenting time, parental responsibilities, guardianship, Section 7 expenses, support claims, and the division of family property and debt. She also assists with separation agreements, prenuptial agreements, and cohabitation agreements under British Columbia law. Benti speaks fluent Punjabi and conversational French and Gujarati, allowing her to serve a diverse range of families across BC with clarity and cultural sensitivity.