Prenuptial agreements
Prenuptial agreements in Vancouver | Kovacs Family Law
Expert legal guidance for your prenuptial agreement
Planning to get married is an exciting time filled with hope and optimism. Discussing a prenuptial agreement might feel unromantic. However, it’s actually a smart way to protect both partners. As a legally binding contract, it helps start your marriage with clarity and honesty.
At Kovacs Family Law, our experienced Vancouver family lawyers help couples create customized prenuptial agreements. These agreements provide peace of mind and financial security.
What is a prenuptial agreement?
A prenuptial agreement (also called a prenup, premarital agreement or prenuptial contract) is a legal contract made before marriage. It defines how the couple will manage assets, debts and support during the marriage and in case of divorce.
In British Columbia, prenuptial contracts fall under the Family Law Act as “marriage agreements.” These contracts let couples set their own division of property rules instead of following the default laws. This way, they can create a plan that fits their unique needs and wishes.
Who should consider a prenuptial agreement?
While a prenup can benefit any couple, they are particularly valuable for:
Individuals with significant debts, financial obligations or support obligations
Individuals entering a second or subsequent marriage
Partners with significant assets acquired before the relationship
Business owners or those with professional practices
People with inherited wealth or expected estate gifts
Individuals with children from previous relationships
Couples with significant income disparities
Those with family wealth or assets to protect
Partners with substantial retirement savings or investments
When to create a prenup
When both parties are emotionally ready
During a calm period, not amid wedding stress.
Well before the wedding
Ideally at least 3-6 months before your ceremony.
Before sending wedding invitations
To avoid any appearance of pressure.
After full financial disclosure
When both parties have a complete understanding of each other’s finances.
With sufficient time for review
Each party needs time to seek independent legal advice.
Why create a prenup?
Prenups offer numerous benefits that extend beyond simple asset protection:
Peace of mind: Move forward in your relationship with confidence
Protection of pre-marital assets: Clearly identify separate property and family property
Business protection: Shield business interests from potential division
Debt clarity: Establish responsibility for pre-existing and future debts
Family legacy preservation: Protect inheritance and family assets
Support for children from previous relationships: Ensure their financial security
Simplified separation and divorce process: Reduce conflict and costs if separation occurs
Financial transparency: Start marriage with a clear financial understanding of each other’s assets and liabilities
Reduced uncertainty: Eliminate guesswork about financial outcomes
How to create a valid prenup in BC
For your agreement to be valid and enforceable under prenuptial law in British Columbia:
Complete financial disclosure: Both parties must fully and honestly disclose all assets, debts, income and financial obligations
Independent legal advice: Each partner must have their own lawyer review the agreement
Sufficient time for consideration: The agreement should not be rushed or signed under pressure
Fair and reasonable terms: The agreement must not be unreasonable or grossly unfair
Proper execution: The document must be properly signed, witnessed and dated
Regular reviews: Update the agreement as your circumstances change
What to include in your prenup?
A comprehensive prenup typically addresses:
Property division
How assets acquired before and during marriage will be handled
Debt responsibility
Who is responsible for existing and future debts
Spousal support
Whether support would be payable, and if so, how much and for how long
Business interests
Protection for existing or future business ventures
Inheritance treatment
How inherited assets will be classified and handled
Retirement accounts
Division of pension plans and retirement savings
Family heirlooms and gifts
Protection of sentimental items and family treasures
Life insurance requirements
Policies that should be maintained
Estate planning considerations
Rights upon death of a spouse
Dispute resolution methods:
Process for resolving disagreements (mediation, arbitration)
Common misconceptions about prenuptial agreements
Myth: Prenuptial agreements are exclusively for high-net-worth individuals.
Reality: Prenuptial contracts benefit couples at all income levels by providing clarity.
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Myth: A prenup agreement implies an expectation of divorce
Reality: A prenup is financial planning that provides security and transparency.
Myth: Prenups are one-sided documents that only protect the wealthier spouse.
Reality: Well-drafted prenuptial contracts protect both partners’ interests.
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Myth: Prenup agreements are difficult and uncomfortable to discuss.
Reality: With professional guidance, the conversation can strengthen your communication about finances.
At Kovacs Family Law, our experienced lawyers provide expert guidance with care. We ensure your prenup agreement meets all legal requirements.
Frequently Asked Questions
Can someone challenge or overturn a prenuptial agreement?
Yes. BC courts may set aside prenuptial agreements if they were unfairly negotiated or lacked proper financial disclosure. They may also invalidate agreements that have become excessively unreasonable over time. Professional legal guidance helps ensure your agreement will stand up to scrutiny.
How much does a prenuptial agreement cost?
The investment in a professionally drafted prenup typically ranges from $XXXX to $XXXX, depending on complexity. This is significantly less than potential litigation costs if disputes arise without an agreement in place.
What if my fiancé is reluctant to sign a prenuptial agreement?
Approach the conversation with sensitivity, focusing on how the agreement benefits both parties. Our lawyers can help facilitate productive discussions, emphasizing mutual protection rather than distrust.
Can we include child custody or child support in our prenup?
No, prenups in British Columbia cannot enforce child custody, access or support. The court decides these matters based on the child’s best interests at the time of separation.
Can we modify our agreement after marriage?
Yes. Married couples can update their premarital agreement (then called a marriage agreement) as circumstances change. Major life events like having children, career changes, or receiving an inheritance often warrant revisions.
Get expert help with your prenuptial agreement | Kovacs Family Law
Free initial consultation
Our Vancouver family lawyers have extensive experience in drafting, reviewing and negotiating prenup agreements. We help couples protect their interests while fostering open communication and mutual understanding. With discretion, empathy and professional expertise, we ensure your agreement is fair, legally sound and tailored to your needs.
During your consultation, we will:
- Explain the purpose and legal framework of prenups
- Listen to your specific concerns and financial goals
- Outline key provisions to consider in your agreement
- Discuss our collaborative approach to crafting fair and enforceable terms
- Provide a transparent fee structure and typical timeline
- Answer any immediate questions about the process
Take the first step toward a secure future with confidence.
Contact Kovacs Family Law today at 604-642-6362 or complete our online form to schedule your free consultation.