Marriage Contracts & Cohabitation Agreements

 

We help couples take a proactive approach to potential relationship breakdowns. Create a plan for managing income, debts, and assets just in case.

Family Law Services
Cohabitation / Prenuptial Agreements

Serving Vancouver and Langley

Give yourself peace of mind with a clear agreement for managing income, debts, and assets in case things don’t go as planned. We help couples take a proactive approach to potential relationship breakdowns.

Cohabitation / Prenuptial Agreements

Agreements During a Relationship

Couples may enter into an agreement concerning property, debts, and spousal support at any time, including after marriage or after a common-law relationship has begun. However, contractual terms dealing with children that are made during the relationship are generally not binding.

Planning Ahead for Separation

Marriage contracts and cohabitation agreements can be a practical way to organize your affairs in the event of separation. They can help reduce uncertainty, avoid unnecessary legal expense, and limit conflict if the relationship comes to an end.

Frequently asked questions about Cohabitation / Prenuptial Agreements
Cohabitation / Prenuptial Agreements

Frequently Asked Questions

Yes, particularly if you have significant assets prior to cohabitation or marriage. Although the law does provide for the setting-aside of marriage and cohabitation agreements under certain circumstances, the threshold is high. A thoughtful and well-drafted agreement provides protection for your assets.

Yes. Marriage contracts allow you to reach an agreement on the value of excluded property, avoiding litigation at the time of separation. While resources are available for historical valuations of real-estate properties and businesses, the cost is much higher, and the information applied toward the valuation may be limited and unreliable. 

It’s important to keep in mind that BC family legislation allows for the division of excluded property in special circumstances that render it significantly unfair not to do so. A written agreement can provide added protection against such claims in the future. Moreover, marriage contracts can also deal with other important issues like spousal support, division of family property and family debts, and the management of finances during the relationship, to name a few.

Cost depends on the complexity of your circumstances. Based on our experience, the entire process, including the execution of the agreement, is usually within the range of $2,500 to $4,500. Our lawyers can provide you a more accurate estimation of fees during our initial consultation.

If you alone own the business, you can keep it provided you pay the equalization value of your spouse’s one-half interest. If you are unable to satisfy equalization payments with assets outside of the business, you may have to encumber, sell, or liquidate your business to satisfy the equalization payment. Other options available through out-of-court negotiations.

Get in Touch

Cohabitation and prenuptial agreements can provide clarity, reduce future conflict, and help couples make informed decisions about property, debt, support, and other important financial matters. At England & Lam Family Law, we help clients prepare, review, and negotiate domestic agreements with careful attention to their rights, obligations, and long-term interests. Whether you’re planning ahead or updating an existing agreement, our team is here to help you move forward with confidence.

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