Canada · BC · ca-bc-marriage_contract-2026-09-12.1
British Columbia marriage contract research: Family Law Act, S.B.C. 2011, c. 25, ss. 3, 81, 92–93. Unmarried default: spouse like after trigger.
British Columbia has its own marriage-contract pack. British Columbia marriage contract research: Family Law Act, S.B.C. 2011, c. 25, ss. 3, 81, 92–93. Unmarried default: spouse like after trigger. This is not a U.S. prenup and it is not a neighbouring province’s statute with the names swapped.
British Columbia also has a cohabitation-agreement pack. Unmarried partners can fall inside family-property legislation after a statutory trigger such as time or a child. This pack is the cohabitation track. Do not treat it as a marriage contract or as Swedish samboavtal.
The two instruments stay apart on purpose. A file titled prenup still has to be classified as a marriage contract or a cohabitation agreement based on whether the parties are married, about to marry, or unmarried, and on British Columbia form.
marriage contract
Part 5 agreements must be in writing and signed by both spouses. Independent legal advice and disclosure are central to whether a court later sets an agreement aside under s. 93.
Part 5 agreements must be in writing and signed by both spouses. Independent legal advice and disclosure are central to whether a court later sets an agreement aside under s. 93.
Part 5 uses excluded property and family property, not Ontario net-family-property equalization. Agreements can address excluded property and reapportionment, within the Act.
A marriage contract typically addresses property, debts, and sometimes support between spouses. Public-order limits (Québec family patrimony; child support everywhere) still apply.
Spousal support agreements are assessed under the FLA and, where applicable, the Divorce Act. Do not treat a waiver as a result.
Child support is not an ordinary contractual exclusion. Flag any child-support language.
s. 93 addresses setting aside agreements, including failure to disclose, no independent legal advice, and significant unfairness. Hartshorne remains leading SCC authority on marriage agreements in a BC setting.
Canadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.
Do not analyze BC using Ontario FLA Part I or Québec family patrimony.
The Supreme Court of Canada reviewed a British Columbia marriage agreement and how fairness is assessed when spouses contracted about property.
Canadian family agreements often stand or fall partly on whether each party could get advice. That is not a uniform statutory certificate across provinces, and Québec notarial counseling is a different professional model from common-law ILA letters.
A first draft delivered immediately before a wedding is a voluntariness and understanding fact. Canada does not use a single U.S.-style statutory waiting period in these packs.
cohabitation agreement
The same agreement machinery applies to unmarried spouses who meet s. 3. There is not a separate Ontario-style 'cohabitation agreement' statute name, but the instrument is still a family-law agreement under the FLA.
The same agreement machinery applies to unmarried spouses who meet s. 3. There is not a separate Ontario-style 'cohabitation agreement' statute name, but the instrument is still a family-law agreement under the FLA.
s. 3 treats as spouses persons who are married or who have lived in a marriage-like relationship for a continuous period of at least two years, or who have lived in a marriage-like relationship and have a child together. Unmarried spouses can have Part 5 property claims. That is not Ontario and not Québec.
A cohabitation agreement typically addresses property and debts between unmarried partners. It cannot manufacture a statutory regime the province does not confer, and it cannot replace a will.
Spousal support agreements are assessed under the FLA and, where applicable, the Divorce Act. Do not treat a waiver as a result.
Child support is not an ordinary contractual exclusion. Flag any child-support language.
s. 93 addresses setting aside agreements, including failure to disclose, no independent legal advice, and significant unfairness. Hartshorne remains leading SCC authority on marriage agreements in a BC setting.
Canadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.
Do not analyze BC using Ontario FLA Part I or Québec family patrimony.
Canadian family agreements often stand or fall partly on whether each party could get advice. That is not a uniform statutory certificate across provinces, and Québec notarial counseling is a different professional model from common-law ILA letters.
A cohabitation agreement signed years into a relationship, or a 'prenup' signed while unmarried just before a wedding, raises classification and transition questions. Marriage usually moves the couple onto the marriage-contract / marital-property statute.
Common questions
Part 5 uses excluded property and family property, not Ontario net-family-property equalization. Agreements can address excluded property and reapportionment, within the Act.
s. 3 treats as spouses persons who are married or who have lived in a marriage-like relationship for a continuous period of at least two years, or who have lived in a marriage-like relationship and have a child together. Unmarried spouses can have Part 5 property claims. That is not Ontario and not Québec.
Part 5 agreements must be in writing and signed by both spouses. Independent legal advice and disclosure are central to whether a court later sets an agreement aside under s. 93.
s. 93 addresses setting aside agreements, including failure to disclose, no independent legal advice, and significant unfairness. Hartshorne remains leading SCC authority on marriage agreements in a BC setting.
Child support is not an ordinary contractual exclusion. Flag any child-support language. Spousal support agreements are assessed under the FLA and, where applicable, the Divorce Act. Do not treat a waiver as a result.
Worked examples
The useful question is whether it is a marriage contract or a cohabitation agreement given the parties’ status. British Columbia sources are the only citations this page will use.
Ontario equalization language, British Columbia excluded-property language, and Québec family-patrimony language are not interchangeable. Do not analyze BC using Ontario FLA Part I or Québec family patrimony.
Canadian family agreements are often judged partly on whether each party knew the assets and debts. This pack does not invent a U.S. statutory disclosure exhibit list.
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