Millennials in British Columbia are increasingly turning to prenuptial agreements as they view marriage as both a financial partnership and a romantic one, especially when they have already inherited or are set to accumulate significant assets.
People are also generally getting married later in life and want to protect their hard-earned assets, while also preventing many of the mistakes made by their parents. Consequently, prenuptial agreements (“prenups”) are becoming a more common feature of marriages in BC.
In some families, they are simply “part of the culture” of how the family functions.
This post covers some valuable tips if you are considering creating a prenup: how to start the conversation, what to include, and other key considerations.
How a prenuptial agreement in British Columbia works
Prenuptial agreements are essentially marriage agreements made before a marriage starts. Similar agreements may be made between common-law couples (known as “cohabitation agreements”).
These legal contracts usually outline how couples who intend to get married (or cohabit) will handle financial responsibilities during the relationship and how to divide their family property and pay spousal support if they separate.
Whether one spouse works for a family business or has already accumulated significant assets, prenups can help spouses-to-be in protecting property and several other respects if they divorce:
- Defining separate property, which is not subject to BC’s asset division laws.
- Defining what happens with the increase in value of separate property.
- Agreeing on spousal support payments.
- Stating what happens to inherited property or gifts.
- Outlining who makes contributions to mortgage payments or other financial commitments in the marriage.
- Preventing disputes about division and support issues during separation.
If the prenup is fair and follows the legal requirements set out in the Family Law Act [SBC 2011] c. 25, the courts can allow the agreement to override the standard provisions of the legislation.
Without a legally enforceable prenuptial agreement, division and support matters are usually resolved in a separation agreement or decided by a judge before a divorce is finalized.
Note that couples can also make marriage agreements at any time while they’re living together or during a marriage. These work the same and are known as “postnuptial agreements.”
How to broach the subject of a prenuptial agreement with your spouse-to-be
Raising the topic of a prenuptial agreement with someone you intend to marry can lead to a “prickly” situation, especially if they have a negative impression of prenuptials (which is not unusual).
The perception that prenups are unromantic is quite true but the notion that they indicate a lack of trust in the other person is somewhat outdated.
The way to approach the subject is by stressing that successful prenuptials are similar to successful marriages, in that they require openness, honesty, and trust.
If you can openly and honestly discuss your financial circumstances and how your marriage should work within those circumstances (and what happens if it doesn’t), your marriage can be stronger.
Prenuptial agreements can also help protect the children from a previous marriage, a key factor to bring up with your spouse-to-be, if this is the case.
Raising matters early can make discussions easier, with less emotion involved and no pressure to sign a document before an impending marriage date.
The reality is that every year, there are 40,000 to 60,000 divorces in Canada. Divorce can involve a long, expensive, public journey through the law courts, and prenuptial agreements help prevent that.
Creating a prenup will show that you are serious about making the marriage work but are realistic that not all do.
3 prenuptial agreement tips for young couples in BC
A successful prenuptial agreement is well-prepared and drafted so that it stands up in court.
Prenuptial agreements can be successfully challenged legally if you fail to follow the right procedures, rendering all the hard work in trying to protect assets meaningless.
Here are a few tips so that you get it right:
1. Work with a seasoned family lawyer
Prenuptial agreements in BC must be in writing, signed by both parties in the presence of witnesses, and meet the following legal requirements:
- Each spouse must provide full and honest disclosure of all assets, debts, and income.
- Both parties should obtain independent legal advice to ensure the agreement is enforceable.
- The agreement must be entered into voluntarily without any form of duress or coercion.
Under the BC Family Law Act, agreements that are “significantly unfair” can be interfered with by the Court.
To help you meet the legal requirements, seek help from experienced family lawyers. You might offer to pay the costs of your partner’s lawyer to help negotiate terms and draft the bespoke agreement.
At Legalbird, our lawyers focus on preventing your agreement from facing frustrating legal challenges in the future.
2. Start discussions early
It’s worth reiterating that early discussions prevent many common issues with prenuptial agreements.
At the beginning of the relationship, and well in advance of the wedding date, spouses-to-be are usually calmer and more able to discuss matters like property division and spousal support comprehensively and dispassionately.
Negotiating a prenup several months before the wedding date also shields the agreement from claims of “coercion” or “pressure to sign”.
3. Look for “win-wins”
The prenuptial agreement should not just be about protecting your assets and a list of demands. Consider your partner’s requirements and how he/she may be feeling by being asked to sign a prenup.
Before discussions, write down as many reasons as you can think of for how your partner can benefit from the terms. These can be useful for countering any objections from your partner.
Often, framing the discussion as preventing the costs and stress of a separation and securing the financial future of your spouse-to-be can convince reluctant partners that a prenup is a good idea.
Ultimately, prenuptial agreements offer protection and security and are no longer just for very wealthy individuals. Many young couples create them for added peace of mind before marrying but they require assistance from a qualified family lawyer to prevent legal challenges.
For a free 30-minute consultation about your options when creating prenuptial agreements, contact the team at Legalbird today.
Date Modified:
- May 25, 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.
