In our work as family lawyers across British Columbia, we support people at every stage of their relationships, from moving in together to building a life as partners to navigating the difficult process of separation. One of the most effective ways to avoid future disputes is through the use of family law agreements.

These agreements (prenuptial, cohabitation, and separation agreements) can define rights and responsibilities, safeguard property, and ensure clarity and fairness throughout all stages of a relationship.

In this article, we’ll explain:

  • What each type of domestic agreement is

  • When to get one

  • What they can include

  • How to ensure they’re legally enforceable in BC

 

What Are Family Law Agreements?

Family law agreements are legal contracts between partners or spouses. In BC, they are governed by the Family Law Act.

There are three primary types:

1. Prenuptial Agreements (Marriage Agreements)

A prenuptial agreement is signed before marriage and often used to clarify how property and spousal support will be handled in case of separation or death.

2. Cohabitation Agreements

For couples who are living together but not married, a cohabitation agreement can help avoid disputes—especially because BC law treats couples as “spouses” after two years of living together.

3. Separation Agreements

After a breakup or divorce, a separation agreement can resolve key legal matters like property division, parenting time, and support—without the need to go to court.

 

When Should You Consider a Domestic Agreement?

Here are common situations when it’s wise to seek a family law agreement:

  • Before moving in with your partner

  • Before marriage (especially if one person owns significant assets or a business)

  • After receiving an inheritance or major financial gift

  • When purchasing property together

  • If you’ve separated and want to avoid court

 

What Can a Family Law Agreement Cover?

A properly drafted family law agreement can address:

  • Ownership of property and real estate

  • Division of debt and financial obligations

  • Spousal support (including waiver or terms of payment)

  • Inheritances and family businesses

  • Parenting arrangements and schedules (for separation agreements)

  • What happens to joint property upon death or breakup

Limitations: Agreements cannot override laws related to child support or any terms that are not in the best interests of the child.

 

How to Make Sure Your Agreement Is Legally Enforceable in BC

To ensure your family law agreement is binding and respected by the courts:

1. Exchange Full Financial Disclosure

Each party must share accurate and complete financial information: assets, income, and debts. Hiding information could void the agreement.

Reference: Family Law in BC – Financial Disclosure

2. Obtain Independent Legal Advice

Both parties should receive legal advice from separate lawyers. Courts are more likely to uphold agreements when each person has independent counsel.

3. Ensure Free and Voluntary Agreement

Agreements must be entered into freely, not under duress or pressure. Signing right before a wedding, for example, can raise red flags.

4. Include Clear, Written Terms

Oral promises are not enforceable in family law. Your agreement must be written, signed, and preferably witnessed.

5. Review and Update as Needed

Major life changes (like having children, buying a home, or receiving an inheritance) should prompt a legal review of your agreement.

 

Common Pitfalls to Avoid

  • Relying on generic online templates that don’t reflect BC law

  • Skipping legal advice. Courts may set aside the agreement later

  • Failing to update agreements after major life events

  • Assuming marriage “voids” cohabitation agreements (it does not)

Did you recently separate? Learn how BC’s family law affects your assets.

 

Case Study: Why a Cohabitation Agreement Matters

Scenario: A woman moved in with her partner. After five years, the relationship ended. She had paid into the mortgage, but the home was in her partner’s name.

Without a cohabitation agreement, she had to go to court to argue for her share of the property under BC’s common-law rules.

With a cohabitation agreement, this dispute could have been avoided, saving time, money, and emotional strain.

 

Key Takeaways

  • Family law agreements in BC help protect your financial and legal interests.

  • Use the appropriate agreement for your stage of relationship: prenup, cohabitation, or separation.

  • Ensure agreements are in writing, fairly negotiated, and based on full financial disclosure.

  • Legal advice is essential for enforceability and fairness.

  • These agreements reduce the risk of litigation and future uncertainty.

 

Need a Family Law Agreement? ALG Lawyers Can Help

At ALG Lawyers, we support clients across Abbotsford, Surrey, and Vancouver in protecting their rights with clear, legally sound family law agreements. Whether you’re moving in, getting married, or separating, our experienced team can help you:

  • Draft or review an agreement

  • Get independent legal advice

  • Understand your rights under the Family Law Act

Contact ALG Lawyers today to book a consultation and take proactive steps to protect your future. We offer a full range of family law services, including:

 

Additional Reading

You may find the following blog posts and pages helpful:

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