British Columbia Prenuptial Agreement

Answer simple questions

Tell us about your relationship, priorities, assets, debts, and British Columbia requirements.

Get a tailored draft

Prenuply creates a BC working template with the key clauses organized for review.

Review with lawyers

Each partner should review the final agreement with their own lawyer before signing.

Put the agreement in writing

For the property agreement rules in section 93 to apply, the agreement must be written and each spouse's signature must be witnessed.

Exchange complete financial information

Failure to disclose significant property, debts, or negotiation information is a statutory reason a court may set aside all or part of an agreement.

Avoid pressure and rushed signing

A court may examine whether one spouse took improper advantage of the other spouse's vulnerability, ignorance, need, or distress.

Use independent legal advice

Separate lawyers can explain the default Family Law Act rules and the rights each partner would change through the agreement.

Excluded property

Identify property owned before the relationship, inheritances, certain gifts, settlements, and other property the couple wants treated separately.

Growth in value

Explain how increases in value of excluded property, investments, real estate, or business interests should be handled.

Family debt

Clarify responsibility for mortgages, lines of credit, student loans, business debt, tax liabilities, and future borrowing.

Business ownership

Address corporate shares, retained earnings, valuation methods, voting control, and business interests.

Ignoring excluded property growth

BC couples often focus on the original property and forget to address appreciation, reinvestment, or income generated by that property.

Incomplete debt history

Family debt can be just as important as property. A useful agreement should identify current debts and how future debts will be handled.

One-sided negotiation

A process where one partner controls timing, disclosure, or access to advice can create avoidable enforceability concerns.

Generic Canadian wording

BC has its own Family Law Act concepts. A template should use BC-specific terms rather than generic property language.

Identify family and excluded property

Document property owned before the relationship, inheritances, gifts, businesses, real estate, investments, pensions, and debts.

Agree on property and support terms

Decide how growth in property, new assets, family debt, and possible spousal support should be treated.

Complete separate legal reviews

Each partner should discuss the draft and financial disclosure with their own BC family lawyer.

Sign without last-minute pressure

Leave enough time before the wedding for revisions, advice, and properly witnessed signatures.

BC-specific intake

Prenuply asks about British Columbia and builds the working template around BC property, debt, and signing considerations.

Excluded property prompts

The questionnaire helps capture pre-relationship assets, inheritances, gifts, businesses, real estate, and expected growth in value.

Draft review checks

Prenuply checks for missing details and inconsistencies, then asks follow-up questions when a draft needs more information.

PDF and Word download

You can download a polished draft and editable version for review with separate BC family lawyers.

Legal names and relationship timeline

Excluded property list with values and backup documents

Family debt list and responsibility preferences

Business ownership and corporate records

Real estate titles, mortgage balances, and down payment history

Time for each partner to receive independent legal advice

Does British Columbia recognize prenups?

Yes. The Family Law Act permits spouses to make written agreements about property, debt, and support. Courts can set aside agreements in circumstances described by the Act.

Do signatures need to be witnessed in BC?

Section 93 applies to a written property agreement where each spouse's signature is witnessed by at least one person.

Can a BC agreement keep pre-relationship property separate?

An agreement can define how existing property and future growth will be treated. The final wording should be reviewed against the Family Law Act and the couple's complete financial disclosure.

Is a Prenuply template a finished BC agreement?

No. It is a working template for independent legal review, revision, and proper execution.

British Columbia Family Law Act

Official source used to review the general legal information on this page.

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