Many couples in British Columbia assume that getting married will naturally determine their legal rights if a relationship ends. In reality, BC family law often produces unexpected outcomes, particularly for couples who live together without formal agreements.

Marriage agreements and cohabitation agreements allow couples to take control of their financial future, rather than leaving critical issues to be decided by legislation or the courts. These agreements are not about planning for separation, but focuses on clarity, fairness, and informed decision‑making if a relationship comes to an end.

Understanding the Legal Landscape in British Columbia

Under the Family Law Act, married spouses and unmarried spouses are treated very similarly once certain conditions are met. Specifically, unmarried couples who have lived together in a marriage‑like relationship for at least two years are considered “spouses” for the purposes of property division and spousal support. This often surprises couples who believe that only marriage creates legal obligations.

Both marriage agreements and cohabitation agreements allow couples to make arrangements that reflect their own circumstances.

What Is a Marriage Agreement?

A marriage agreement (commonly referred to as a prenuptial or post‑nuptial agreement) is a written contract between spouses who are married or planning to marry.

A marriage agreement can address matters such as:

• How property and debts will be divided if the relationship ends
• Whether spousal support will be paid, and on what terms
• How pre‑marriage assets, businesses, or inheritances will be treated
• Financial arrangements during the marriage itself

Without a marriage agreement, the law generally presumes an equal division of family property and family debt upon separation. Even where one spouse brought significant assets into the relationship, the increase in value of those assets during the relationship may be subject to division.

What Is a Cohabitation Agreement?

A cohabitation agreement is a legal agreement between two people who live together, or plan to live together, in a marriage‑like relationship but are not married.

Cohabitation agreements are particularly important in British Columbia because the law may treat unmarried spouses very much like married ones after two years of cohabitation.

A cohabitation agreement can set out:

• Ownership and division of property
• Responsibility for debts
• Whether spousal support will be paid if the relationship ends
• How property owned before the relationship will be treated

Importantly, couples do not need to wait two years to sign a cohabitation agreement. These agreements are often most effective when entered into at the beginning of a relationship, before legal rights and obligations arise automatically.

What Is the Difference Between a Marriage Agreement and a Cohabitation Agreement?

While the content of these agreements can be very similar, the key difference lies in relationship status and timing.

Marriage agreements are used by couples who are married or planning to marry.
Cohabitation agreements are used by couples who are unmarried but living together or intending to do so.

Both types of agreements are permitted under British Columbia law and can deal with property, debt, and spousal support. Neither type of agreement can conclusively determine parenting arrangements or child support in advance, as those issues are always subject to the best interests of the child at the time of separation.

Courts may set aside either type of agreement if there was inadequate financial disclosure, a lack of understanding, undue pressure, or if the agreement was significantly unfair when it was made. This is why proper legal advice is essential.

Who Should Consider One of These Agreements?

Marriage and cohabitation agreements are not only for high‑net‑worth couples. In British Columbia, these agreements are especially important where:

• One partner owns real estate, a business, or significant investments
• There is a large difference in income or debt
• One or both partners have children from a previous relationship
• One partner expects an inheritance
• The relationship is a second or later relationship

These agreements are often used to reduce uncertainty, protect pre‑existing assets, and avoid costly disputes if a relationship ends.

Why These Agreements Are Important

At their core, marriage and cohabitation agreements promote transparency and fairness. They encourage couples to have informed financial conversations early, when cooperation is strongest and emotions are not heightened by conflict.

Rather than relying on a one‑size‑fits‑all legal framework, these agreements give couples the opportunity to define what makes sense for their own relationship.

Final Thoughts

In British Columbia, living together or getting married comes with significant legal consequences. Marriage agreements and cohabitation agreements provide a practical, forward‑looking way to manage family assets if there is a separation.

If you are considering marriage, moving in with a partner, or are already living together, speak to us today to determine whether an agreement is appropriate for you and ensure it will stand up over time.