Prenuptial Agreement in
British Columbia

In BC, the agreement is called a "marriage agreement" under the Family Law Act. The term "domestic agreement" is also sometimes used. The agreement must be in writing and signed by both parties. Unlike a cohabitation agreement (which applies to unmarried couples), a marriage agreement specifically addresses the rights and obligations of spouses.

Under the BC Family Law Act, a court can set aside or replace a provision of a marriage agreement if following it would be "significantly unfair." This is a notably lower bar than the unconscionability test used in most other provinces. Courts consider factors like how long ago the agreement was made, whether it took into account the interests of children, and whether the circumstances of the parties have changed significantly since signing.

Notarization is not a statutory requirement in BC, but having both parties sign in front of independent witnesses — and ideally before a notary public — is strongly recommended. It creates a clear evidentiary record of voluntary execution and can significantly help if the agreement is challenged.

Yes. Under the BC Family Law Act, gifts and inheritances received by one spouse during the relationship are classified as excluded property and are not subject to equal division. A well-drafted marriage agreement can confirm this exclusion and also clarify what happens if inherited funds are used toward shared property such as the family home.

The BC Family Law Act extends many of the same property division rights to spouses who have lived together in a marriage-like relationship for at least two years. If you are not yet married but want to address property rights before cohabiting, the appropriate document is a cohabitation agreement rather than a marriage agreement. Both types of agreement fall under the same legislative framework.

Yes. BC's Family Law Act (s. 92) expressly allows spouses to make their own agreement dividing property and debt — no lawyer is required to create it. To be effective, put it in writing, both sign, and have each signature witnessed by at least one person. Full financial disclosure is essential, because non-disclosure is the leading reason agreements get set aside under s. 93. Independent legal advice isn't mandatory, but each spouse getting it makes the agreement much harder to challenge.

Only on the specific grounds in s. 93 of the Family Law Act: a spouse hid significant assets or debts, took improper advantage of the other's vulnerability, a spouse didn't understand the agreement, or enforcing it would be 'significantly unfair' — more than ordinary unfairness. The Supreme Court of Canada in Hartshorne v. Hartshorne upheld a BC marriage agreement even though it favoured one spouse, because it was signed with disclosure and understanding. Honest disclosure and witnessed, unpressured signing are your best protection.

In British Columbia, lawyer-drafted marriage agreements commonly run CAD $2,000–$5,000, and Vancouver firms handling real estate or business assets often quote CAD $4,000–$8,000 once both spouses' lawyers are involved, at hourly rates of CAD $350–$600. Creating your agreement online for a flat $349 covers the drafting under the Family Law Act; optional independent legal advice for each spouse afterward is a strongly protective add-on at a fraction of full-drafting cost.

With prenups.ai, you can have a draft prenuptial agreement in under 20 minutes. Traditional attorney routes in British Columbia typically take 2–6 weeks due to scheduling, drafting, negotiation, and review. No specific statutory timing requirement. The agreement should be signed well before the wedding. We recommend starting the process at least 2–3 months before your wedding to allow time for review and any revisions.

Yes. British Columbia does not require you to have an attorney to create a valid prenuptial agreement. However, having each party consult with independent legal counsel significantly strengthens enforceability. Many couples use prenups.ai to create the initial draft and then have it reviewed by attorneys, which is much more affordable than starting from scratch.

Without a prenup, British Columbia's default equitable distribution rules apply. British Columbia divides property under the Family Law Act. Family property (acquired during the relationship) is generally divided equally, while excluded property (pre-relationship assets, gifts, inheritances) may be protected. A prenup lets you define your own terms instead of leaving these decisions to state law or a judge's discretion.