Surrey Prenuptial Agreement Lawyers
Protect Your Future With a Legally Sound Prenuptial Agreement in Surrey, BC
If you’re planning to get married, a prenuptial agreement, also known as a marriage agreement, is one of the most important legal tools you can put in place. A prenup outlines how property, finances, and debts will be divided if the relationship ends, and may also include terms for spousal support. While no one wants to think about separation before a wedding, a prenuptial agreement is a proactive step that gives both partners peace of mind and clarity about financial expectations.
In British Columbia, prenups are recognized under the Family Law Act and can be signed either before or after the marriage begins. These agreements are not only for high-net-worth individuals. Any couple, regardless of their financial situation, can benefit from setting clear terms for how assets and obligations will be handled if the relationship breaks down. A properly drafted prenuptial agreement can help avoid costly disputes, protect personal or family assets, and establish a fair process for property division.
At Legalbird, our Surrey family law lawyers are experienced in drafting, reviewing, and negotiating prenuptial agreements that comply with BC law and hold up in court. We take the time to understand your goals and ensure your agreement is fair, transparent, and enforceable.
What Can Be Included in a Prenuptial Agreement in BC?
A prenuptial agreement in British Columbia is a legally binding contract that outlines how financial matters and certain personal issues will be handled during the marriage and in the event of separation, divorce, or death. These agreements are governed by the Family Law Act and are available to both married and soon-to-be-married couples. For couples who are not married but living together in a marriage-like relationship, a similar contract called a cohabitation agreement may be more appropriate.
When you work with a qualified family lawyer at Legalbird, your prenuptial agreement can be tailored to fit your unique relationship, financial circumstances, and long-term goals. Some of the most common and legally significant topics that can be addressed include:
1. Property Ownership and Division
- Clearly identifying the assets, property, and debts each party is bringing into the marriage.
- Outlining how property acquired before or during the marriage will be treated in the event of a separation.
- Establishing whether specific property, such as inheritances, gifts, or business interests, will be considered excluded or shared family property.
- Deciding how jointly owned or acquired property will be divided.
This section helps prevent disputes over ownership and simplifies the process of property division if the relationship ends.
2. Financial Rights and Obligations
- Clarifying how each spouse’s income, savings, and investments will be treated during the marriage.
- Determining whether bank accounts, credit cards, or other financial resources will be managed jointly or separately.
- Specifying how debts or liabilities will be handled.
These financial provisions can offer protection for both parties and help maintain financial independence if that is important to either spouse.
3. Spousal Support (Alimony)
- Setting out whether either spouse will be entitled to spousal support if the relationship ends.
- Determining the amount, duration, and conditions under which support will be paid.
- Choosing whether spousal support rights will be waived entirely or modified from what the law would normally provide.
While courts in BC have discretion to review spousal support terms for fairness, a clear agreement can significantly reduce conflict and uncertainty.
4. Parenting Roles and Decision-Making
While parenting arrangements (such as child custody or parenting time) cannot be permanently locked in through a prenup, couples may still include provisions that express their intentions around child-rearing, including:
- Who will make major decisions regarding the child’s education, healthcare, and religion.
- How parenting responsibilities may be divided if the couple separates.
Courts are not bound by parenting terms in a prenup, as the best interests of the child will always take priority under BC law. However, including these terms may encourage healthy discussions and proactive planning.
How long does a prenuptial agreement last in BC?
A prenuptial agreement in British Columbia is designed to remain valid indefinitely unless it is revoked or replaced by a new agreement. In most cases, the terms of the agreement will continue to apply throughout the marriage and will come into effect only if the couple separates or divorces.
However, there are some important considerations that may affect the long-term enforceability or relevance of a prenup.
How long does a prenuptial agreement last in BC?
Under BC’s Family Law Act, a properly executed prenuptial agreement will remain binding unless it is successfully challenged or modified. That said, significant life events or changes in financial or personal circumstances can affect how relevant or fair the agreement remains over time. For example:
- Having children
- Acquiring significant new assets or debts
- Starting or selling a business
- Major changes in income or employment
- Relocation or immigration status changes
- Updating your will or estate plan
In these situations, it is highly recommended that you revisit your prenuptial agreement with the help of a family lawyer to ensure it still reflects your intentions and complies with current laws.
Modifying or Updating a Prenup in BC
A prenuptial agreement can only be changed if both spouses agree to the modifications in writing. This is typically done through an amending agreement, which must be signed and witnessed like the original contract. Without mutual agreement, the terms of the original prenup will continue to apply, even if circumstances have changed.
It is also a good practice to review your prenuptial agreement periodically, especially when preparing a new will, entering into estate planning, or experiencing major life changes such as the birth of a child. If these scenarios are already addressed in the original prenup, no change may be needed, but it is still wise to consult a lawyer to confirm.
At Legalbird, we help couples not only draft new agreements but also review and revise existing ones to ensure they remain enforceable and appropriate as life evolves.
Why Do You Need a Lawyer for a Prenuptial Agreement?
A prenuptial agreement is only effective if it is properly prepared, legally valid, and fair to both parties. In British Columbia, hiring a family lawyer is not just a recommendation—it is one of the most important steps to ensuring your agreement holds up in court and accomplishes what you intend. Without legal advice, your prenup may be unenforceable or challenged in the future.
Here are several reasons why working with a lawyer is essential:
Ensuring Legal Compliance Under the Family Law Act
BC courts will only uphold a prenuptial agreement if it meets strict legal standards. A lawyer will ensure your agreement complies with the Family Law Act, uses clear and enforceable language, and does not violate any public policy rules.
For example, the agreement must not be unconscionable, and both parties must enter into it voluntarily, with full knowledge of each other’s financial situation. If these requirements are not met, the court may set aside the agreement.
Independent Legal Advice for Each Spouse
To maximize enforceability, each party should receive independent legal advice from their own lawyer before signing the agreement. This protects against claims of coercion, misunderstanding, or unfairness later on. If only one party had legal representation, or if legal advice was not properly documented, the agreement may be vulnerable to a legal challenge.
Full Financial Disclosure and Risk Management
An experienced lawyer will help you and your partner exchange full and accurate financial disclosure—an essential part of any valid prenuptial agreement. Without this, a court may decide that the agreement was based on incomplete information and choose not to enforce it.
Legal guidance also ensures that complex assets, such as business interests, pensions, inheritances, and family property, are properly classified and protected according to your intentions.
Preventing Future Disputes
A clearly written and professionally drafted agreement reduces the risk of future legal battles during a separation or divorce. Your lawyer can anticipate potential issues, resolve grey areas, and explain how to structure terms that are fair, practical, and enforceable in the long run.
Guidance on Reviewing and Amending the Agreement
A lawyer is also essential if you need to update or amend your prenuptial agreement due to life changes, such as having children or acquiring new assets. These changes must be made in writing and agreed to by both parties, ideally with legal advice to confirm their enforceability.
Can We Use the Same Lawyer for Our Prenuptial Agreement in BC?
In British Columbia, both parties entering into a prenuptial agreement are strongly advised to seek independent legal advice, and in most cases, they cannot use the same family lawyer. While it may seem convenient or cost-effective to share one family lawyer, doing so creates a clear conflict of interest. A single lawyer cannot fairly represent the best interests of both spouses when their legal rights and financial obligations are being negotiated.
For a prenuptial agreement to be enforceable under the Family Law Act, each party should have their own lawyer to:
- Review the agreement independently
- Ensure they understand their rights and obligations
- Confirm that they are entering into the agreement voluntarily
- Provide a certificate of independent legal advice, which strengthens the agreement’s validity in court
Without independent legal advice, one party may later claim that they were pressured into signing or did not fully understand the consequences. This can result in the agreement being partially or fully set aside by the court.
At Legalbird, we regularly work with clients on one side of a prenuptial agreement and coordinate respectfully with the other party’s family lawyer to ensure both sides receive the legal advice they need. This process protects your agreement and reduces the risk of future disputes.
Talk to a Surrey Prenuptial Agreement Lawyer Today
Whether you’re planning your wedding, entering a second marriage, or simply want to protect your assets and create a clear financial plan, a prenuptial agreement is a smart and proactive step. At Legalbird, we help individuals across Surrey, Delta, & Abbotsford, British Columbia draft, review, and revise marriage agreements that reflect their goals and comply with BC family law.
Our family lawyers will guide you through the process, ensure full financial disclosure, and work with your partner’s legal counsel to create an agreement that is fair, enforceable, and tailored to your situation.
Contact us today to schedule a free 30-minute consultation with a Surrey prenuptial agreement lawyer. We’re here to help you plan with confidence and peace of mind.