Divorce law blog

Are prenups enforceable in BC?

Written by: HRLaw (View All Posts • View Bio) Published: November 9, 2022

Generally speaking, properly drafted and executed pre-nuptial agreements are legally binding in British Columbia.

Pre-nuptial agreements could be set aside by a court if:

• There has not been full disclosure made about assets, liabilities and income
• One spouse took improper

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What’s the difference between a cohabitation agreement and a prenup?

Written by: HRLaw (View All Posts • View Bio) Published: November 9, 2022

A cohabitation agreement and pre-nuptial agreement are basically the same thing. Most lawyers draft cohabitation agreements to continue to apply if you get married. A pre-nuptial agreement can be more precise and take effect on the date of intended marriage.  [...read full post]

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Do I need a pre-nuptial agreement in BC?

Written by: HRLaw (View All Posts • View Bio) Published: November 9, 2022

If you want to protect property that you are bringing into a marriage, you should consult a lawyer to see if a pre-nuptial agreement is right for you. If you do not have a pre-nuptial agreement, if you separate, support [...read full post]

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What happens if I don’t have a prenup?

Written by: HRLaw (View All Posts • View Bio) Published: November 9, 2022

If you don’t have a pre-nuptial agreement, in British Columbia, you will have your property division and support obligations determined under the BC Family Law Act and the Divorce Act. [...read full post]

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What happens if I was pressured into signing a prenup?

Written by: HRLaw (View All Posts • View Bio) Published: November 9, 2022

Undue influence and duress are two common law factors that are considered by a court when someone is seeking to set aside a pre-nuptial or cohabitation agreement. Generally, it is not enough to feel pressure to sign to keep the [...read full post]

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