Prenuptial Agreements

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Protect Yourself With a Prenuptial Agreement

In the early days of a relationship, couples may find it difficult to consider the extent of the effects a break-up might have upon them. However, protecting your interests and property before getting married may avoid a lot of headaches in the future. At Henderson Heinrichs LLP, our firm will guide you through the process of drafting and executing an agreement that will deal with many of the issues that might later become problems. Our family lawyers will help you protect your assets and reduce the likelihood of litigation in the event of a divorce.

Helping You Decide How To Settle Your Affairs

Everybody’s circumstances are different and we will provide you with a personalized approach to your situation. Henderson Heinrichs LLP has been open since 1997, and we will use our 20+ years of experience to explain how the existing laws are applied to common issues such as interest in family properties, division of pensions and payment of spousal and child support. Our goal is to help you negotiate a fair and enforceable agreement with your partner and to draft and execute an agreement that reflects exactly those terms.

Be aware that it is never too early or too late to enter into a prenuptial agreement. If there are issues that you are unclear about, or if you don’t know whether an agreement would be right for your relationship, feel free to contact one of the Vancouver family lawyers at Henderson Heinrichs LLP who will give you their honest opinion. If we don’t think you would benefit from an agreement, we will let you know.

Confidence In Your Marriage Contract

We want you to feel confident with the terms of your prenuptial agreement. We have been drafting agreements for decades and have a great deal of experience in ensuring that the terms we write reflect exactly what you have agreed to with your partner. An unenforceable agreement defeats its own purpose; hence, Henderson Heinrichs LLP will talk to you about the need for fairness and about ensuring that your agreement will be something that you can rely on.

Protect Your Future. Receive Legal Advice Today.

If you are interested in entering into a prenuptial agreement call Henderson Heinrichs LLP at 1-844-669-3500 to arrange a free half-hour consultation or use our online enquiry form.

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FAQS

Do I need a pre-nuptial agreement in BC?
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 and property division will be dealt with under the BC Family Law Act and the Divorce Act. That may mean that your ex will share in property that you wanted to keep separate from them on separation or divorce.
Are prenups enforceable in BC?
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 advantage of the other spouse’s vulnerability, including their ignorance, need or distress
- One spouse did not understand the nature or consequences of the agreement – for example, no legal advice has been given to the person on their rights and obligations under the agreement
- The agreement operates so unfairly that a court will want to set it aside
If you are thinking about a pre-nuptial agreement, you will need to make full disclosure of your assets, liabilities and income as part of the negotiation process. Your partner will need to obtain independent legal advice on the agreement prior to signing and it is best if that lawyer provides a Certificate of Independent Legal Advice which confirms that:
- They reviewed the agreement with the other side
- They provided the other side with legal advice on the agreement and how it departs from the Family Law Act or Divorce Act
- They confirm that the agreement was signed by the other side of their own free will and not under any duress or pressure from the drafting party.
What happens if I don’t have a prenup?
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.
What happens if I was pressured into signing a prenup?
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 relationship going, or the wedding date preserved. The undue influence or duress must be significant in order for it to be a determining factor in setting aside an agreement.
What happens if I sign a “prenup” AFTER we are already married?
Very often “prenups” are not signed before the actual date of marriage. It still is a legally binding agreement between you and your spouse that determines entitlement to family property and support.
What’s the difference between a cohabitation agreement and a prenup?
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. The terms in both agreements are generally the same and the same factors to ensure that the agreement is upheld on separation apply.

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