A prenup takes more than signatures. In British Columbia, proper financial disclosure is an important part of preparing a marriage agreement.
If a spouse fails to disclose significant property, debts, or other information relevant to negotiating the agreement, that can later become a reason for a court to set aside all or part of the agreement.
This guide explains which documents you may need when preparing a prenup in BC, why they matter, and what you should consider gathering before meeting with a family lawyer.
What Is a Prenup in British Columbia?
In BC, a prenup is commonly referred to as a marriage agreement. Couples who live together without marrying may instead enter into a cohabitation agreement.
These agreements can address issues such as property, debts, and spousal support if the relationship ends.
Without an agreement, British Columbia’s Family Law Act provides the default rules. Subject to the Act and any agreement or court order, spouses generally share equally in family property and are equally responsible for family debt when they separate.
Certain property may be excluded from family property, including property owned before the relationship began, inheritances, and certain gifts from third parties. However, the increase in value of excluded property during the relationship may form part of the family property.
A properly prepared agreement can allow spouses to make different arrangements for property and debt.
To do that effectively, both partners should have a clear picture of their financial circumstances.
The Short Answer: What Documents Should You Gather for a Prenup in BC?
There is no single document checklist that applies to every couple.
However, your lawyer may ask you to gather documents relating to:
Income and taxes
Bank accounts and investments
Real estate
Mortgages, loans, and other debts
Pensions and retirement savings
Businesses
Inheritances, gifts, or trusts
Existing family law obligations
Identification and other information required by your lawyer
Does Everything Need a Professional Valuation?
Not necessarily.
For many assets, recent statements and existing documents may provide enough information to begin preparing the agreement.
However, some assets can be difficult to value.
You may need additional valuation evidence for assets such as:
A privately held business
Significant real estate
Certain pension interests
Valuable collectibles
Complex investments
Your lawyer can advise whether a formal valuation or appraisal is appropriate in your circumstances.
Why Is Financial Disclosure So Important?
Financial disclosure is more than an administrative step.
Both partners should understand the financial circumstances behind the agreement they are being asked to sign.
Under section 93 of British Columbia’s Family Law Act, the Supreme Court may consider setting aside or replacing all or part of a property and debt agreement where, among other circumstances, a spouse failed to disclose significant property, debts, or other information relevant to negotiating the agreement.
Similar considerations apply to agreements dealing with spousal support.
Trying to protect an asset by failing to disclose it can therefore create problems for the agreement later.
Complete and accurate disclosure helps both partners make an informed decision about the terms they are accepting.
How Should the Final Agreement Be Signed?
For agreements dealing with property and debt, section 93 of the Family Law Act specifically addresses written agreements in which each spouse’s signature is witnessed by at least one other person.
The same person may witness both signatures.
The Act also gives the Supreme Court discretion in some circumstances to apply the section to an unwitnessed written agreement, but relying on that possibility is not a substitute for having the agreement properly prepared and executed.
Your lawyer can arrange the appropriate signing process.
Do Both Partners Need Independent Legal Advice?
BC law does not simply say that every marriage agreement is invalid unless both partners have separate lawyers.
However, independent legal advice is strongly recommended.
Why?
When considering whether to set aside a property agreement, a court can look at circumstances such as whether:
One spouse failed to disclose significant property or debt
One spouse took improper advantage of the other’s vulnerability
A spouse did not understand the nature or consequences of the agreement
Other circumstances existed that could make a contract voidable
Having separate legal advice can help demonstrate that each person understood the agreement and had an opportunity to understand their legal rights before signing.
Where independent legal advice is provided, the lawyers may also document that advice or complete certificates confirming it.
The same lawyer generally should not provide independent legal advice to both partners about the same agreement because independent advice requires the lawyer to advise that particular client about their own interests.
Date Modified:
- October 16, 2026
Kawal 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.
