Vancouver BC Prenuptial Agreement Lawyers explain that now more than ever is the time to consider a properly drafted BC Prenup, BC prenuptial or BC BC Marriage Agreement as a result of the new BC Family Law Act’s focus on allowing spouses to determine what they want their marriage to look lke before, during and after it may end.
Vancouver BC Prenuptial Agreement Lawyers 604-602-9000
We have family law and prenup and marriage agreement lawyers at each of our 6 family law and divorce offices in Vancouver, Kelowna, Surrey Richmond and Fort St John BC. We can also help you at our downtown Calgary prenuptial agreement lawyers offices. You can call us toll free across BC and Canada to speak with our skilled Vancouver BC Prenuptial Agreement Lawyers.
Preparing, agreeing on and signing a BC prenup, British Columbia marriage agreement is never easy nor comfortable. BC Prenuptial agreements can be the last thing BC marrying couples need when they are trying to plan their BC wedding and a life-time together. BC Separation agreements are even tougher to create and agree on; emotions and conflicts can be at an all-time high during separation and agreements are hard to reach.
Most Everyone Starting A Relationship Should At Least Meet With Vancouver BC Prenuptial Agreement Lawyers
If you are thinking about cohabiting or marrying a loved one, please consider entering in to a cohabitation or marriage agreement. You may want to seriously consider contacting our top rated Vancouver BC Prenuptial Agreement Lawyers for advice on a BC prenup if you:
- Have considerable income, business or professional practices or partnership venture, family property such as a home, real estate investments, stock (including stock options) or retirement funds that make you (or have the potential to make you) much wealthier than your fiancé.
- Own all or part of a business or professional practice.
- Have children and/or grandchildren.
- Have loved ones, such as elderly parents, who need care.
- Are expecting an inheritance.
- have a family trust or are a beneficiary
- Have (or are pursuing) a degree or license in a potentially lucrative profession.
- For a prenup to be effective, both parties must have their own separate lawyer.
For a good Global News feature on prenuptial agreement pros and cons click here.
Vancouver BC Prenuptial Agreement Lawyers Know One Size Does Not Fit All
However, we all know that a one size agreement does not fit all. The default law in British Columbia which divides family property during a marriage in to half, and the gain on excluded property equally will not work for everyone. Some people come in to a marriage heavily in debt. Others bring high valued real estate, businesses and other expensive assets in to a marriage. When there is a large gap between two parties’ assets, the wealthier party may wish to preserve such assets and keep them for him or herself in case of a marriage break-down. Dividing everything on a 50/50 ratio between the parties upon marriage break-down is not always fair, nor practicable.
All Canadian courts have recognized that private arrangements between married or separated parties must be respected. The Supreme Court of Canada case of Hartshorne v. Hartshorne stressed the importance of respecting private wishes and arrangements of parties to a marriage. since 2013 our new BC Family Law Act, strives to give agreements even greater weight and deference than before and this will help to reduce the courts’ interference with agreements.
However, there is always a chance that the court may declare an agreement invalid or unfair based on evaluating the terms of the agreement and the circumstances surrounding the formation and enforceability of the agreement.
For this reason, it is extremely important that individuals wishing to opt out of the default 50/50 family property division of the BC Family Law Act including gains made on excluded property, take the following steps to ensure that their agreements will be enforceable, upheld and given respect in case of marriage/relationship breakdown.
Vancouver BC Prenuptial Agreement Lawyers – Invest in a Proper BC Marriage Agreement
Our top rated Vancouver BC Prenuptial Agreement Lawyers explain to clients that the biggest lesson we have learned as lawyers is that prevention is always better than remedy. Hire a qualified and experienced family lawyer who will understand your needs and will transform them into enforceable, reasonable and legally persuasive clauses that will later save you tens of thousands of dollars in case your ex-partner brings an action against you to invalidate your agreement.
You have the choice to spend a fraction of the money you may spend in the future fighting your ex-spouse over a bad agreement. Make the right choice. Have a properly drafted agreement. You have all read of cases where a wealthy spouse failed to get a BC prenup or BC marriage agreement and divided a much higher pot of assets than would have been divided if a proper marriage agreement had been prepared.
Vancouver BC Prenuptial Agreement Lawyers -Do Not Google Sample Marriage or Marriage Agreements and Do Not Use Them as a Basis for Your Own Agreement
Family law in every province or state is different and needs to be applied properly in an agreement. You may not understand every clause of a sample agreement. You may use irrelevant and sometimes dangerous clauses without knowing the true affect they may have on your rights. Copying formal and legal language from other contracts will not protect you when you have not properly addressed the substance of your goals and rights. Unsophisticated agreements can be easily invalidated and set aside based on ambiguity, uncertainty, not following BC laws or having internal contradictions.
Vancouver BC Prenuptial Agreement Lawyers – Be Aware of Your Present Situation and Try to Predict the Future
Do you want to have children in the future? Do you wish you pay spousal support in case of separation or divorce? Do you plan on changing careers or staying at home? Communicate your intentions to your lawyer. Your lawyer will include your plans in your agreement by using reasonable legal clauses and techniques that will ensure that your rights are protected in case your ex-partner attempts to vary or invalidate your agreement.
If Your Lawyer Drafts the Agreement, Have Your Partner or Spouse Seek Independent Legal Advice
One of the biggest reasons for courts setting aside agreements is that one or both parties did not seek independent legal advice. You and your partner must separately see separate lawyers. You should each ask for their advice on the Agreement. A family lawyer knows family law. If that lawyer advised you of the legal consequences of the agreement you were entering in to, then the courts will trust that both parties understood their position and chose to execute the agreement. In these cases, the probability of your ex-spouse or ex-partner succeeding in invalidating your agreement is slim to none.
Do Not Pressure, Use Violence or Duress on Your Partner to Sign the Agreement
Our top rated Vancouver BC Prenuptial Agreement Lawyersexplain this is another reason for courts to set aside or invalidate agreements. Give your partner time to take home a draft of the agreement, think about it, talk about it with other people and feel free sign it. Although it is very hard to prove duress, undue influence or use of violence to force a person to sign an agreement, you do not want to spend thousands of dollars explaining to the court that you never used such tactics.
Vancouver BC Prenuptial Agreement Lawyers Defend Agreements
Our lawyers at MacLean Family Law have years of experience and expertise in drafting the most effective, persuasive and enforceable marriage or separation agreements in British Columbia. If your ex-spouse or ex-partner is suing you in court to have your marriage or separation agreement invalidated, contact us and we will work hard to protect your rights.
Vancouver BC Prenuptial Agreement Lawyers Seek To Vary Prenuptial Agreements
Conversely, if you have been the victim of asignificantly unfair agreement or an agreement that was improperly obtained you must contact us immediately at 1 877 602 9900 toll free in North America as deadlines apply to your ability to seek a change to the unfair or unconscionable agreement.
