Couples may enter into a contract concerning property, debts, and spousal support at any time, even after marriage or common law status has begun. However, any contractual terms concerning children that are agreed upon during the relationship are not binding.
Marriage contracts and cohabitation agreements are a responsible and logical method of organizing one's affairs in the event of separation, avoiding costly legal expenses and the acrimony of litigation.
Cost depends on the complexity of your circumstances. Based on our experience, the entire process, including the execution of the agreement, is usually within the range of $2,500 to $4,500. Our lawyers can provide you a more accurate estimation of fees during our initial consultation.
If you alone own the business, you can keep it provided you pay the equalization value of your spouse’s one-half interest. If you are unable to satisfy equalization payments with assets outside of the business, you may have to encumber, sell, or liquidate your business to satisfy the equalization payment. Other options available through out-of-court negotiations.
Yes. Marriage contracts allow you to reach an agreement on the value of excluded property, avoiding litigation at the time of separation. While resources are available for historical valuations of real-estate properties and businesses, the cost is much higher, and the information applied toward the valuation may be limited and unreliable.
It’s important to keep in mind that BC family legislation allows for the division of excluded property in special circumstances that render it significantly unfair not to do so. A written agreement can provide added protection against such claims in the future. Moreover, marriage contracts can also deal with other important issues like spousal support, division of family property and family debts, and the management of finances during the relationship, to name a few.
Yes, particularly if you have significant assets prior to cohabitation or marriage. Although the law does provide for the setting-aside of marriage and cohabitation agreements under certain circumstances, the threshold is high. A thoughtful and well-drafted agreement provides protection for your assets.
Jessica England and Louise Lam are a team of family law professionals in Vancouver, BC that strive to protect clients and their children from the hardships of separation, and help them to build a brighter and happier future. We are passionate about what we do because we affect meaningful and positive changes for families going through separation. We bring over 20 years of family law experience to the table and we are skilled in dealing with even the most complex and challenging situations.
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